This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.

--This text shows students how to organize their work and write gracefully. --Vivid examples show students effective re-writes of example passages. --Classroom and student homework assignments are provided on the book's web site. --Provides examples from both qualitative and quantitative research. --At 150 pages the book is an effective core text for any social science writing course, but brief enough to be assigned in large required courses like social science research methods in sociology and in fields like education, criminology, allied medical health, and other fields where effective research presentation is an important career skill.

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. -- .

What kind of state emerges from the pandemic? The pandemic caused two crises, in biosecurity and in the economy. The state was forced to tackle both; but subduing one inevitably exacerbated the other. Emerging from the impossible task of handling two conflicting crises is a new form of state, the state to come. To outline the emerging state, this book offers an in-depth critical account of the state's responses to the biosecurity and the economic crises. It is thus the first study to address both crises ensuing from the pandemic, and to synthesise the responses to them in a comprehensive account of political power. Addressing biosecurity, the book deciphers its key modalities, epistemic premises, its law, the threat it aims to oppose and the ways in which it relates to public health and society - especially its extraordinary power to suspend society. Addressing the economic crisis, the book deciphers the actuality and prospects of both the economy and the state's economic policy. It claims that economic policy is now dual: it adopts countercyclical measures to serve and entrench a neoliberal economy. The responses to the twin crises inform the outline of the emerging state: its structure, logic and legality; its power and its relation to society. This is a state of extraordinary power; but its only purpose is to preserve the social order intact. It is a despotic state: powerful, and set to impose social stasis. This work offers ground-breaking analysis based on our pandemic experience. It is indispensable for critical scholars and students in Politics, Security Studies, Sociology, Law, Political Economy and Public Health.

Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades. The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice: at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to the discipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions, like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how it arrived at its current form and hint at what the future holds. The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All are leading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.

There is no journalistic work more deserving of the designation "story" than news of crime. From antiquity, the culture of crime has been about the human condition, and whether information comes from Homer, Hollywood, or the city desk, it is a bottom about the human capacity for cruelty and suffering, about desperation and fear, about sex, race, and public morals. Facts are important to the telling of a crime story, but ultimately less so than the often apocryphal narratives we derive from them.

The Culture of Crime is hence about the most common and least studies staple of news. Its prominence dates at least to the 1830s, when the urban penny press employed violence, sex, and scandal to build dizzying high levels of circulation and begin the modern age of mass media. In its coverage of crime, in particular, the popular press represented a new kind of journalism, if not a new definition of news, that made available for public consumption whole areas of social and private life that the mercantile, elite, and political press earlier ignored. This legacy has continued unabated for 150 years. The book explores new wrinkles in the study of crime and as a mass cultural activity--from exploring the private lives of public officials to dangers posed by constraints to a free press.

The volume is prepared with the rigor of a scholarly brief but also the excitement of actual crime stories as such. Throughout, the reader is reminded that crime stories are both news and drama, and to ignore either is to diminish the other. The work delves deeply into current problems without either sentimental or trivial pursuits. It will be a volume of great interest to people in communications research, the social sciences, criminologists, and not least, the broad public which must endure the punishment of crime and the thrill of the crime story alike.

This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners' courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.

This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.

This collection focuses on the existential predicaments and choices that underpin current debates and developments in the governance of crime and criminal justice and argues for the relevance of existentialist thought for enhancing a critical and philosophically inspired criminological imagination.

In analyzing the fraud-facilitated leveraged buyouts engineered by Michael Milken and the firm of Drexel Burnham Lambert, the author suggests that such buyouts have multiple and extensive consequences for the organization of business and the economy. Zey also demonstrates how ordinary bond trading networks were linked to the extraordinary networks of the Boesky Organizations and Employee Private Partnerships in order to defraud bond issuers and buyers.

This book debunks the myth of rational economic organization in the 1980s and establishes broad implications for theories of organizational deviance.

This book discusses private policing conducted by fraud examiners and financial crime specialists when there is suspicion of white-collar crime. The theory of convenience applies to the suspected crime, while the maturity model applies to the conducted investigation. Private policing of economic crime by fraud examiners in internal investigations is a topic of increasing concern as there is a growing business for law firms and auditing firms to conduct inquiries and reviews when there is suspicion of misconduct, wrongdoing, and crime by white-collar offenders. The key features of this book are the application of a structural model for convenience theory and the application of a maturity model for fraud examinations. The structural model assesses convenience themes for motive, opportunity, and willingness in each case study, while the maturity model assesses the level of private policing maturity in fraud examinations. For the first time, two emerging frameworks to study white-collar offenses and private policing maturity are introduced and applied to a number of cases from Denmark, Iceland, Moldova, the Netherlands, Norway, Sweden, and Switzerland. This book will be essential to those studying law, business, and criminology, as well as practicing fraud examiners.

Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book's detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and graduate students in social science courses on correctional policy, gender and crime, and social work.

Preventing and managing workplace bullying, including sexual harassment, is not just a 'feel good' exercise, or something organisations should only do when they are faced with a complaint. It is part of core business. Employers and managers have a duty of care as part of occupational health and safety laws to prevent hazards that might contribute to workplace injuries. This book shows you how to meet these responsibilities using practical, sensible strategies based on a framework of: understanding what bullying and sexual harassment really mean, using a risk management approach to identify issues in the workplace, implementing procedures to control risk, taking action when things go wrong. A range of tools and tips are included throughout the text to help the reader get started quickly. Stemming from a solid and extensive research base and with reference to up-to-date legislative requirements, Preventing and Managing Workplace Bullying and Harassment is essential reading for anyone in business today.

Information Security Policies, Procedures, and Standards: A Practitioner's Reference gives you a blueprint on how to develop effective information security policies and procedures. It uses standards such as NIST 800-53, ISO 27001, and COBIT, and regulations such as HIPAA and PCI DSS as the foundation for the content. Highlighting key terminology, policy development concepts and methods, and suggested document structures, it includes examples, checklists, sample policies and procedures, guidelines, and a synopsis of the applicable standards. The author explains how and why procedures are developed and implemented rather than simply provide information and examples. This is an important distinction because no two organizations are exactly alike; therefore, no two sets of policies and procedures are going to be exactly alike. This approach provides the foundation and understanding you need to write effective policies, procedures, and standards clearly and concisely. Developing policies and procedures may seem to be an overwhelming task. However, by relying on the material presented in this book, adopting the policy development techniques, and examining the examples, the task will not seem so daunting. You can use the discussion material to help sell the concepts, which may be the most difficult aspect of the process. Once you have completed a policy or two, you will have the courage to take on even more tasks. Additionally, the skills you acquire will assist you in other areas of your professional and private life, such as expressing an idea clearly and concisely or creating a project plan.

The new edition of 'Unlocking Criminal Law' provides coverage of the Criminal Law curriculum, presented in an innovative, visual format, as well as detailing the latest measures introduced in 2020 in the wake of the Covid-19 crisis. Supported by a website which offers students a host of additional practice opportunities and supporting materials, including a testbank of multiple choice questions designed to help prepare students for the forthcoming Solicitor Qualifying Examination. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost student confidence. They are ideal as either core reading or as a supplement to a denser textbook.

Whenever a miscarriage of justice case hits the headlines, it is tempting to dismiss it as a shocking aberration. A mistake in a system that otherwise functions in a perfectly satisfactory fashion. This important book shows how the lack of an effective watchdog, failures in policing, poor legal defence in the wake of the legal aid pay freeze, an over-reliance on expert evidence and reluctance in the media to cover miscarriage cases has led to a growing crisis in the criminal justice system. If you think there's a safety net, think again. In 2017, the Criminal Cases Review Commission, the watchdog established to oversee and prevent miscarriages of justice, celebrated its twentieth anniversary. The release of the Birmingham Six in 1991 set in train a series of events: a Royal Commission was launched which ultimately led to major structural reform of the justice system and the creation of an independent body to investigate alleged miscarriages of justice. It didn't fix the problem. Journalist and campaigner Jon Robins explodes the complacency that exists around our criminal justice system by examining a series of shocking cases where there are serious concerns about the safety of each conviction.

The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that America's criminal justice system isn't foolproof. It's important to understand the causes of wrongful conviction in order to find solutions to this growing problem.Edited by one of the nation's leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions.This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, "American Justice in the Age of Innocence" educates the public and helps current prisoners who are innocent contest their wrongful convictions.

This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law. The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including the Perna test, the Ibrahim criteria, and the sole or decisive rule. The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights.

This coursebook offers an exciting new approach to teaching criminal law to graduate and undergraduate students, and indeed to the general public. Each well-organized and student-friendly chapter offers historical context, tells the story of a principal historic case, provides a modern case that contrasts with the historic, explains the legal issue at the heart of both cases, includes a unique mapping feature describing the range of positions on the issue among the states today, examines a key policy question on the topic, and provides an aftermath that reports the final chapter to the historic and modern case stories. By embedding sophisticated legal doctrine and analysis in real-world storytelling, the book provides a uniquely effective approach to teaching American criminal law in programs on criminal justice, political science, public policy, history, philosophy, and a range of other fields.

This edited collection explores the topic of disclosure of evidence and information in the criminal justice process. The book critically analyses the major issues driving the long-standing problem of dysfunctional disclosure practice, with contributions from academics, lawyers, former police officers, and current police policymakers. The ultimate objective is to review the key problems at the investigative, trial and post-conviction stages of criminal proceedings, and to suggest a way forward through potential routes of reform, both legal and cultural. The collection represents a significant and novel contribution to the policy debate regarding disclosure, and advances thought on resolving this issue in a fair and sustainable manner. The book provides a valuable resource for academics, practitioners and policymakers working on this vital aspect of criminal procedure.

The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

White-collar crime is defined both in terms of the offence and in terms of the offender. The offence is often financial by nature, taking the form of fraud, tax evasion, corruption, and insider trading. The offender is typically a person of respectability and high social status, who commits crime in the course of his occupation. When prosecuted in court, white-collar criminals are defended by lawyers, a knowledge worker specializing in the development and application of legal knowledge to solve client problems. Research into the roles of lawyers in white-collar crime is important since it provides new information into a specific area of legal advice linked to corporate and occupational economic crime.
Financial Crime and Knowledge Workers examines the role of lawyers in court cases involving white-collar crimes, revealing fresh insights into the relationship between a lawyer's stature and a case's potential verdict. Gottschalk peels back the theoretical layers surrounding the term 'knowledge worker' and showcases empirical data to support his claims. This work also discusses the three distinct strategies white-collar attorneys use to defend their clients.

This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice-which it terms 'vindicatory'-wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace-or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue duree historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.