In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features.This invigorating work details the policy arguments behind the introduction of the law, and examines - through consideration of the successful prosecutions in the US - the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework. Including full discussions of relevant literature relating to the criminalization of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel. Contents: 1. Introduction 2. Criminalisation of Cartel Activity: Economics and Law 3. Criminalization in the United States 4. Criminalization in the UK: The Cartel Offense 5. Criminalization in Ireland 6. Case Studies 7. Conclusion Index

Criminal investigation is an essential topic, running through the new national policing curriculum from volume crime to serious organised criminality. This book provides accessible and comprehensive coverage, with case studies and examples to embed understanding, clear links between theory and practice, and a range of critical thinking and review activities. It examines investigation from inception to conclusion, detailing methods, explaining legal requirements and reflecting on past investigations. The contributory roles of specialists and forensic support are examined to provide an inclusive overview of the whole investigative process. The Professional Policing Curriculum in Practice is a new series of books that match the requirements of the new pre-join policing qualifications. The texts reflect modern policing, are up-to-date and relevant, and grounded in practice. They reflect the challenges faced by new students, linking theory to real-life operational practice, while addressing critical thinking and other academic skills needed for degree-level study.

This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.

This book addresses six areas of policing: performance management, professional and academic partnerships, preventing and fighting crime and terrorism, immigrant and multicultural populations, policing the police, and cyber-security. The book contains the most current and ground-breaking research across the world of policing with contributors from over 20 countries. It is also a suitable reference or textbook in a special topics course. It consists of edited versions of the best papers presented at the IPES annual meeting in Budapest.

Treating Violence deals with the problem of violence by mental health patients. Over the last twenty years violence by the mentally ill has grown from just a peripheral concern to dominate debate about services. Scientific studies have established beyond reasonable doubt that mental disorders lead to violence in a minority of sufferers, whilst a series of homicide inquiries brought the media spotlight to bear on the real and imagined failings of mental health services. Consequently, health services have had violence risk assessment thrust upon them by worried managers and politicians. Clinicians were bewildered by the growing number of risk scales and they felt vulnerable to criticism when things went wrong. This book provides a way out of the confusion. It summarises the evidence, critically reviews risk assessment methods, and presents a strong case for improving management through structured clinical assessment. In this provocative and controversial account, standardised risk assessment is discussed in a critical, non-technical way, with a reminder that nobody can predict the future. There is advice for the clinician on when and how to use standardised assessment, along with a strong defence of clinical methods. Topics include: research on violence, mental health, and risk prediction; the ethics of violence risk assessment; homicide inquiries in the UK, with the results of a new study reviewing their findings; a discussion of professional attitudes towards violence risk; a description of risk assessment tools and recommendations for their use; and a strong defence of structured clinical assessment as the best way of managing risk. This is a book that should be read by anybody working in front line mental health services or criminal justice. It will also be of interest to those who have read the headlines about mental illness and violence and want to know more about the facts and the controversies that lie behind them.

Experience Criminal Justice provides an environment for students to apply the foundations of the Criminal Justice system to interactive and assignable activities online. Students will read about the foundations of Courts, Cops, and Corrections in the streamlined, brief text, and then apply those foundations online as they use their own discretionary skills in You Make the Call videos and other online activities. Should officers issue a ticket to every single person who gets caught speeding? Students find out how to make their own decisions and learn that the Criminal Justice system isn't all black and white. Experience Criminal Justice is assignable, tied to student learning outcomes, and is completely integrated with Blackboard. Instructors and students can now access their course content through the Connect digital learning platform by purchasing either standalone Connect access or a bundle of print and Connect access. McGraw-Hill Connect(R) is a subscription-based learning service accessible online through your personal computer or tablet. Choose this option if your instructor will require Connect to be used in the course. Your subscription to Connect includes the following: - SmartBook(R) - an adaptive digital version of the course textbook that personalizes your reading experience based on how well you are learning the content. - Access to your instructor's homework assignments, quizzes, syllabus, notes, reminders, and other important files for the course. - Progress dashboards that quickly show how you are performing on your assignments and tips for improvement. - The option to purchase (for a small fee) a print version of the book. This binder-ready, loose-leaf version includes free shipping. Complete system requirements to use Connect can be found here: http: //www.mheducation.com/highered/platforms/connect/training-support-students.html

This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland.

This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system -- these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.

The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

Practicing Forensic Criminology draws on examples from actual court cases and expert witness reports and testimony to demonstrate the merits and uses of substantive criminological knowledge in the applied setting of civil law and the courts. Throughout the book, the authors provide a highly readable, informative discussion of how forensic criminologists can apply their research and teaching skills to assist judges and juries in rendering legal decisions. Engaging and lively, the chapters include excerpts from forensic criminological investigations, in-depth discussions of the methodological and analytical bases of these investigations, and important lessons learned from real litigation cases. Case examples are drawn from the forensic realms of premises liability, administrative negligence, workplace violence, wrongful conviction litigation, and litigation involving police departments and corrections facilities. Well referenced and thoroughly researched, Practicing Forensic Criminology serves as an introduction to the vast and heterogeneous field of forensic social science that is rapidly changing and expanding. This unique and original book guides readers through the research work of expert witnesses working as consultants, researchers, and crime analysts and investigators. Offering expert criminological insights into litigation cases, the chapters reveal how forensic social science research can be an effective mechanism for reaching beyond the academy to influence public policy reform and legal proceedings. Practicing Forensic Criminology will appeal to a diverse audience, including social scientists, criminal justice students and researchers, expert witnesses, attorneys, judges, and students of judicial proceedings seeking to understand the value and impact of criminology in the civil court system.

By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed crimmigration under international protection, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on a comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification; and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of Criminal law and Criminology, Immigration law, Citizenship Studies, Globalization Studies, Border Studies and Critical Refugee Studies.

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.

This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universitat Berlin, an LLM in German Law from the Ludwig Maximilian Universitat, Munich, and attained her law degree at the ITAM in Mexico City.

This timely volume by distinguished scholar Gunter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.

* Presents a comprehensive discussion of police administration, communicated with great clarity * Bridges the gap between readers' knowledge of street-level policing and police administration * Identifies for readers the major issues associated with police management and lays out various policy options for each issue

Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases, and evidentiary software programs. Key Features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists, and additional tools throughout for use by current and future practitioners Course ancillaries including PowerPointTM lecture slides and an Instructor's Manual with Test Bank are available with qualified course adoption.

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 volume critically engages with the development of official policy and reform in relation to the support of victims of crime both within and beyond the criminal justice system of England and Wales. Since the election of the Conservative/Liberal Democrat Coalition Government in May 2010 it is argued that victimization has increasingly taken on a greater cultural resonance both in England and Wales and in other industrialised countries. Images of terrorism, public debates around the handling of sexual victimisation by the courts, and the issue of child sexual exploitation have catapulted victim issues into the public consciousness like never before - generating a new form of what Hall terms 'victim capital'. As such, this book utilises a combination of cultural victimological analysis, governance theory and legal scholarship to address fundamental questions concerning the drivers and impact of victim policy in England and Wales in the 21st century. An engaging and original study, this book will be of particular interest to scholars of victimology and the criminal justice system, as well as activists and policy makers.

This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices which suggests impunity and questions legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars, who share a methodological commitment to practice.

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.

This book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate the disparate influences that shape how it is construed. These distinctions are utilised throughout the book as an integrated way of conceptualising the concept of witness protection. By discussing the practice of witness protection within the Nigerian context, the book contributes to African conversations on the topic of witness protection. The clarifications made in this book are utilised in making normative proposals for developing a legal framework for witness protection in Nigeria. They are also useful for other African countries interested in developing a witness protection framework as part of criminal justice reform. This book will serve as a reference point for legal scholars, researchers, academics, (postgraduate) students and policy makers interested in the concept of witness protection. It would also be useful for courses 'concerned with comparative criminology where there is an interest in developments in the Global South.'

Over the past decade, a growing body of research has delineated the nature and extent of delinquency, as well as the role of the juvenile justice system. Despite such research, the causes and consequences of delinquency and the role of the justice system remain poorly understood, particularly in regard to minority groups. This book is intended to meet a two-fold need: to extend research into the area of delinquency generally and to further research into the sociology of Black youths. The author explores critical issues such as the rates of delinquency among Black youths, explanations of delinquency, and the juvenile justice system's treatment of Black youths, as well as the policy implications for designing culturally sensitive and effective delinquency treatment and prevention programs. Joseph's work will be of interest to scholars in sociology/criminology, criminal justice, and Black studies.

This book breaks new theoretical ground by constructing a framework of 'relational vulnerability' through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or 'dependency-work', in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.