Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims' satisfaction in the criminal justice system. The Republic of Ireland has seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this book is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated. The book discusses the historical and theoretical concern for crime victims in the criminal justice system, examins the variety of forms of legal and service provision inclusion, amd concludes by analysing the various needs of victims which continue to be unmet. -- .

Exploring High-risk Offender Treatment and the Role of Music Therapy explores the treatment delivered to high-risk offenders with complex needs, focusing on sex and violent offenders. The book advocates for the further use of less traditional and creative therapies, in particular, music therapy. The higher the risk, the greater the needs. Offenders with complex needs have a range of factors impacting their abilities and well-being including mental health and learning disorders. Importantly, high-risk offenders commonly present with complex needs and, therefore, require treatment that is highly responsive. Guiding this book is the existing literature and qualitative research, conducted by the author, that sought to gain the perspectives and experiences of practitioners in the field. This included 38 interviews with those that deliver treatment to high-risk offenders and music therapy. This book examines the components of high-risk offender treatment, highlighting the effective elements and the limitations found within the literature and from the perspective of interviewed practitioners. Offering insight into less traditional therapies, the book presents literature surrounding mindfulness, psychodrama and art therapy for high-risk offenders. It is argued that there has been a recent shift towards a creative corrections approach, where less traditional therapies are gaining recognition within offender treatment, as they offer unique and supportive benefits to traditional treatment. This book focuses on examining the role of music therapy for high-risk offenders, mainly through a critical discussion on the relevant literature and qualitative practitioner data. Advocating the further implementation of creative corrections approaches, this book will be of great interest to academics and researchers within the fields of offender treatment and penology, as well as forensic psychologists and those studying or practicing music therapy.

This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.

The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.

The Ouija board jury incident of 1994 is one of the most disconcerting in English legal history, possibly (says the author) 'the nadir of reported juror misbehaviour in the 20th-century'. But, as Professor Jeremy Gans shows, in an era of soundbites it has been distorted by the media whilst even eminent lawyers have sometimes got the story wrong. In this first full-length treatment he emphasises the known facts, the constitutional dilemma of investigating even bizarre jury misbehaviour and how the trial involved one of the most serious murder cases of the decade in which two people were shot in cold blood. Stephen Young's conviction after a re-trial is still claimed to be a miscarriage of justice by some people, as to which Gans puts forward his own ingenious solution. But quite apart from analysing the facts of R v Young, this book is a tour de force on jury misbehaviour in which the author also examines the implications for example of winks and nods, research by jurors, speaking or listening out of turn, going to sleep during the hearing or falling in love with one of the advocates. Amusing at first sight, such events involve deep questions of law, practice and democratic involvement in the Criminal Justice process. Far from being a mere anecdote, the case of the Ouija board jurors, the misconceptions about it and the issues it leads to deserve close study by anyone who is even remotely interested in jury trial. The first full length treatment of an iconic case. Dispels the myths that have built-up around it. Looks at other instances of jury misbehaviour. Shows how the courts and Parliament have wrestled with problems of this kind. A first-rate analysis of a baffling double murder.

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

Gender Inclusive Policing: Challenges and Achievements is an edited collection focused on current challenges, innovations, and positive achievements in gender integration in policing in different subject domains and locations. Comprised of essays from expert contributors from across the globe, the book covers a variety of topics including jurisdictional achievements (South Africa, British Isles, Scandinavian countries, Australia), women in leadership (achievements and methods, merit and affirmative action issues), performance comparisons (conduct, ethics, peacebuilding), intersectionality (Indigenous women), and women's police stations (South America). The book explores and grapples with issues of recruitment, deployment, and promotion; obstacles to equity; effective integration strategies; management, conduct, and policing styles; race and ethnicity; and specialization. It is an essential resource providing practical exemplars for police managers involved in gender equity programs and for professionals involved in advanced-level research, teaching, and consulting.

Plausible Crime Stories is not only the first in-depth study of the history of sex offences in Mandate Palestine but it also pioneers an approach to the historical study of criminal law and proof that focuses on plausibility. Doctrinal rules of evidence only partially explain which crime stories make sense while others fail to convince. Since plausibility is predicated on commonly held systems of belief, it not only provides a key to the meanings individual social players ascribe to the law but also yields insight into communal perceptions of the legal system, self-identity, the essence of normality and deviance and notions of gender, morality, nationality, ethnicity, age, religion and other cultural institutions. Using archival materials, including documents relating to 147 criminal court cases, this socio-legal study of plausibility opens a window onto a broad societal view of past beliefs, dispositions, mentalities, tensions, emotions, boundaries and hierarchies.

The Sex Offender Register examines the origins, history, structure and legalities of the UK sex offender register, and explores how political and public opinion has influenced the direction the policy of registration has taken. Delving into the origins of the UK sex offender register and how the registration policy has evolved, this book provides an understanding of the register and its contribution to public protection while attempting to see the register as a policy that has grown and developed and as having an organic life of its own. The sex offender register is designed as a form of public protection rather than a punishment, requiring offenders to notify the police of their circumstances and to accept a degree of offender management from the police. The book: * puts the development of the register in its political, social and ethical context * considers the position of children and young people as offenders * outlines the movement of registered offenders across international borders * analyses how offenders can be removed from the register * explores how other countries in the UK manage sex offenders through registers * asks questions about the efficacy of the register and what contribution it makes to public protection * looks at specific aspects of registration including the management of information * delves into the experience of life on the register * examines the influence of public opinion * discusses the role of the police as custodians of the register and as offender managers. Exploring the different pressures brought to bear on the register, this book provides an authoritative starting point for police officers, social workers, probation officers, magistrates, students of Criminology, Criminal Justice and Policing, and the general reader wanting to understand where the UK sex offender register originated from and how it operates today.

Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent that it fails to politicize the conflict and give voice to victims, the book shows how it has resulted in becoming just a new version of penal alternatives with correctionalist content. Moving away from traditional criminal justice language and also from conservative approaches to restorative justice, the author argues that the communicative potential of the transformative kind of redress can be dissociated from the unproved assumption that legal punishment is essential or even likely to achieve justice or deterrence. The arguments are grounded in the Brazilian reality, where life is marked by deep social inequalities and a high level of police violence. By providing a review of the literature on restorative justice, transformative justice, and abolitionism, the book contextualizes the abolitionist debate in Brazil and its history in the 19th century. Penal Abolitionism and Transformative Justice in Brazil is important reading for students and scholars who study punishment and penal abolitionism, to think about what it is possible to do in societies so deeply marked by social injustice and a history of oppression.

This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

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.

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

This book presents the argument that solution-driven policy and treaty changes, if faithfully implemented, will rekindle the relevance of the International Criminal Court (ICC) in combatting and prosecuting atrocity crimes. This work examines how the International Criminal Court could be re-envisioned to perform optimally, and why such reform is urgent. It also discusses the position of the USA towards the court and explores why it has been unable to transition from marginal engagement to full spectrum support by signing and ratifying the Rome Treaty 1998. The conceptual frameworks deployed range from how the US construes its 'national interest' to geo-political balancing and the present rudderless state of the rules order, in addition to the personal predilections of US Presidents and the Court's dysfunctional state. The objective is to show that if the ICC does not engender reforms internally, it will not survive the fissiparous tendencies innate in the presently fractured rules order. The work argues that only foundational reforms around treaty amendments along with institutional realignment of roles and responsibilities of the Court's principal officers will yet rescue it. The book will be of interest to researchers, academics and policy-makers working in the areas of International Criminal Law and International Relations.

Alcohol, Crime and Public Health explores the issue of drinking in the criminal justice system, providing an overview of the topic from both a criminal justice and public health perspective. The majority of prisoners in the UK (70%) have an alcohol use disorder, and evidence tells us that risky drinking is high amongst those in contact with all areas of the criminal justice system. Uniquely, this book brings both a criminal justice and public health perspective to the topic. The book opens by exploring the levels of crime attributed to alcohol, the policy context of alcohol and crime, and the prevalence of risky alcohol consumption in the criminal justice system. The following chapters examine risky drinking amongst men, women and young people in the criminal justice system. The final chapters look at the efficacy of psychosocial interventions for risky drinking in the criminal justice system, and look forward to how researchers and practitioners can work together to produce research in the criminal justice system. Written in an accessible and concise style, Alcohol, Crime and Public Health will be of great use to students of Criminology, Criminal Justice, and Public Health as well as the wider area of Public and Social Policy in relation to alcohol and crime.

Bringing together a range of perspectives, this book establishes a criminology of the domestic, paying particular attention to emerging spatial and relational reconfigurations. We move beyond criminologies of public and urban domains to consider over-looked non-public locales, and crimes and harms that occur in the home and other private spaces. Developed in the context of the COVID-19 lockdowns, where distinctions between public and private became increasingly untenable, the book considers how the pandemic has accelerated new patterns of behaviour, enabled by technology and shifting social relations. Drawing on a range of criminological topics, including victimisation, offending, property and violent crime, consumption, deviance and leisure, and zemiology, the book argues that the domestic sphere, and its relation to the public realm, needs to be more carefully conceptualised if criminology is to respond to new spatial and relational dimensions of changing lifestyles. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, geography, history, gender, surveillance and security and all those interested in a criminology of the domestic sphere.

This book analyses the impact of Integrated Offender Management (IOM) on contemporary policing and separates the rhetoric from the reality. Drawing on a qualitative study within an English police force over two years, this book examines the experiences of prolific offenders, subject to IOM, and sheds light on the culture and practice of the police and staff from other criminal justice agencies, working within the scheme. While IOM has been judged to have had initial successes in reducing the criminal activities of prolific offenders, this book tests the validity of such claims, and considers the apparent disjuncture between policy statements made about the workings of IOM and how IOM policing operations are realized on the ground. It makes a unique contribution to research on police culture and practice, and multi-agency working in the criminal justice system. An accessible and compelling read, this book will appeal to policy makers, as well as students and scholars of criminology, sociology policing, and politics.

While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

Women, Trauma, and Journeys towards Desistance: Navigating the Labyrinth provides an examination of women's desistance from crime from a gender-responsive, trauma-informed perspective. The book is based on the reflections of fifty-six women over a three-year period as they transition from custody to the community. With the women, the author examines how experiences of trauma, victimisation, and intersectional oppression constrain access to traditional desistance supporting processes, including supportive relationships, identity construction, the exercise of agency, and engagement with treatment and interventions, reframing these processes from trauma-informed perspective. The book joins together the women's insights and experiences with principles of gender-responsive, trauma-informed principles in a framework through which criminal justice practitioners can support women in their efforts to leave crime behind. The framework for practice is a fusion of concepts from desistance theory, principles of gender-responsivity, and trauma-informed practice designed to help women understand the root causes of the problems they face in the present whilst building on their resilience and strengths to achieve their goals for their futures. This book is ideal reading for scholars and students of criminology and criminal justice, particularly rehabilitation, gender and crime, and feminist criminology. It will also be of interest to academics and practitioners of forensic psychology and social work, as well as probation officers, social workers and prison officers.