This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid "Criminal Legislation Science", this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

This book presents the formerly-unpublished manuscript by Wheeler and Cline detailing the landmark, comparative prisons study they conducted in the 1960s which examined fifteen Scandinavian prisons and nearly 2000 inmates across four Nordic countries. At the time, it was the largest comparative study of prisons and inmate behavior ever undertaken and despite 15 years of analysis and write-up it was never published but it influenced many other important prison studies that followed. This book engages with the functionalist perspectives that were widespread in the 1960s, and tries to answer some of the classical questions of prison sociology such as how prisoners adapt to imprisonment and the degree to which prisoner adaptations can be attributed to characteristics of prisoners and prisons. It examines the nature and structure of prisons, the effect of that structure on individual prisoners and the other factors that may influence the way that they respond to confinement. It also includes discussion about the prisoners' considerations of justice and fairness and a explanation of the study design and data which was highly unique at the time. The Scandinavian Prison Study brings Wheeler and Cline's pioneering work into the present context with a preface and an introduction which discuss the questions and claims raised in the book still relevant to this day.

The traditional view of the role of the police had come under increasing attacks in the early 1980s. The riots of 1981 and the Scarman Inquiry stimulated a widespread public debate about policing, police powers and accountability. It had become clear that the police did not simply enforce the law. They also made policy about what law to enforce, when to enforce it and against whom to enforce it. It was the control of this discretionary power which was at the heart of the debate at the time. Originally published in 1986, this book considers these critical issues in contemporary policing. It concentrates on those aspects of policing that were usually covered in law and law related courses. It deals with the constitutional framework within which the police operates. It examines the police complaints procedure and the full range of police powers against the background of the political debate at the time. Throughout the book the 1984 Police and Criminal Evidence Act is discussed in detail and its impact upon police and public alike is analysed.

What role should the police have in an industrial dispute? How were they led into a partisan role in assisting the defeat of the 1984-5 miners' strike? Widespread concern over police road-blocks, allegations of police and picket violence, and the huge numbers of police used to maintain order and access to work led the National Council for Civil Liberties to set up an inquiry into the policing. The Inquiry Panel produced an interim report - but the NCCL disowned it, because of its acknowledgement of the rights of working miners as well as striking ones. The members of the Panel - who included former Chief Constable John Alderson and NCCL General Secretary Larry Gostin - then resigned, but continued work as a group of private individuals. Originally published in 1988, this book is their final report. The report describes the policing of the strike in detail from a range of published, unpublished, and eyewitness sources. The strike is set in the context of developments in law and policing before and since. The authors are able to provide a unique and authoritative perspective, analysing both the events of 1984-5 and the longer-term trends and problems, based on a clear recognition of the basic issues and conflicts of civil liberties involved. In their conclusions and recommendations the authors present an informed view of the use of the police during the strike, the breakdown of the system of police accountability, and the policies developed since the strike. Their findings point to the need for a Bill of Rights to cover civil liberties during industrial conflict, and the need for a new picketing Code of Practice. The Police, Public Order, and Civil Liberties will be essential reading for all concerned with the police, industrial relations, and the political and constitutional system. It will also be of value to all who need a clear and unbiased view of one of the key events in British post-war history.

Originally published in 1990, Comparative Policing Issues was the first introductory text to consider key issues in the policing of modern societies from an international, comparative perspective. The author begins with a discussion of policing itself and considers how the modern police force has emerged. Separate sections then focus on France and the Netherlands as examples of Western European societies: Canada and Hong Kong as influenced by the colonial tradition; Japan as an Eastern capitalist society; and the USSR, China and Cuba as contrasting examples of communist police systems. These and other countries are then considered in terms of the relationship between the police and the communities they 'serve'. Critical issues addressed include the following: Are communist and capitalist systems of policing significantly different? What lessons are to be learnt from Japan, with its low crime rate? How accountable are the police in different societies, and to whom? To what extent is the 'character' of the police in any society determined by the wider culture, and social and political structure of that society? How practicable is it to transfer ideas about policing from one society to another? The lowering of barriers within the European community and the return of Hong Kong to China are just two examples of the need for a comparative analysis of policing. Students of criminology and police studies, and police and others working in the criminal justice system will find this book an invaluable resource.

In The Framework of Criminal Justice, originally published in 1981, the criminal justice process is analysed by using six models, each of which expresses a different justification for criminal justice and punishment: the due process model - exacting justice between equal parties; the crime control model - punishing wrong and preventing further crime; the bureaucratic model - controlling crime and criminals; the medical model - rehabilitating offenders; the status passage model - publicly denouncing the crime and criminal; and the power model - maintaining domination by the ruling class and reinforcing class values. The study examines the formal rules and procedures of the magistrate court system within the context of these models and also discusses the roles of the actors (police, defendant, magistrate, court clerks, and lawyers). Next, the study depicts eight scenes that occur from the defendant's arrest through a court hearing to sentencing. It assesses how closely the activity and behaviour within the system follow the formal protections granted by the British system of justice, and it concludes that the process is far more complex and the rules far more open to interpretation than is commonly believed. The book suggests that this miscalculation has led to the failure of various reforms - special attention is given to the Bail Reform Act of 1976 and two sections of the Criminal Law Act of 1977. It further suggests that real reform must depend upon an understanding of the political nature of the criminal justice system.

This book focuses on applied behavior analysis (ABA) treatment of violence and aggression in persons with neurodevelopmental disabilities. It details ABA theory and concepts leading to empirical treatment procedures that can be implemented successfully across diverse treatment settings. Further, the book examines contemporary approaches to functional behavioral assessment (FBA) and functional analysis (FA) in determining the environmental conditions responsible for violence and aggression. In addition, the volume describes several evidence-supported treatment procedures that encompass antecedent-control, contingency management, cognitive-behavior therapy, and physical intervention components. It addresses effective strategies for training and supervising care providers, including behavioral skills training (BST), posttraining performance management, and mindfulness. Finally, the book presents recommendations that guide effective and socially valid research-to-practice translation. Applied Behavior Analysis Treatment of Violence and Aggression in Persons with Neurodevelopmental Disabilities is an essential resource for researchers, clinicians/therapists, and upper-level undergraduate and graduate students in forensic psychology, public health, criminology/criminal justice, and behavioral therapy and rehabilitation.

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.

This book brings together a collection of emergent research that moves the debate on desistance beyond a general consideration of individual and social structural influences. The authors examine empirical developments which have implications for policy surrounding resettlement and re-offending, but also for punishment practices. Presenting thought-provoking theoretical advances and critiques, the editors challenge and enrich traditional understandings of desistance. A wide range of chapters explore how some criminal justice interventions hinder the desistance process, but also how alternative approaches may be more helpful in promoting and supporting desistance. Thorough and diverse, this book will be of great interest to scholars of criminology and criminal justice, social policy, sociology and psychology, and of special interest to researchers and practitioners working with (ex-)offenders.

While in no way supporting the systemic injustices and disparities of mass incarceration, Gifts from the Dark: Learning from the Incarceration Experience argues that we have much to learn from those who have been and are in prison. Schwartz and Chaney profile the contributions of literary giants, social activists, entrepreneurs, and other talented individuals who, despite the disorienting dilemma of incarceration, are models of adult transformative learning that positively impact the world. The authors interweave narratives with both qualitative and quantitative research references to analyze the role of solitude, writing, non-verbal communication; race and gender; physical exercise; education; technology; family and parenting; and the need to "give back" that precipitate transformative learning. The prison cell becomes a counterspace of metamorphosis. In focusing upon how men and women have chosen the worst moments of their lives as a baseline not to define, but to refine themselves, Gifts from the Dark promises to forever alter the limited mindset of incarceration as a solely one-dimensional, deficit event.

How does the Israeli criminal justice system treat its most significant minority group-the Arabs? This book explores the functioning of Israel's criminal justice system in the context of the volatile relationship between Jews and Arabs in Israel and the conflict between Jews and the Palestinians of the occupied territories. Examining decisions at each juncture of the system, the authors study the question of whether the system treats Arabs fairly and equally or discriminates against them. Aware of the potentially volatile nature of the subject, the authors have taken care to make the book methodologically sound and their findings level-headed. Their study shows that despite legislative efforts to protect minority rights and treat all citizens as equals, these goals are not always achieved. Arabs are treated differently in the criminal justice system.

The book's narrative style makes it accessible to both general interest and specialist readers. Such as historians, political scientists and other social scientists, who will gain an understanding of the impact of police suppression on political speech, especially anti-war speech, in Japan. The book will be of very strong interest to anyone with an interest in Japan's evolution as a democratic society or the operation of Japan's legal system and to scholars and students of comparative law and peace studies. Little known outside Japan, and not well remembered within the country, in Repeta's capable hands the tale of victories, reversals, and limited vindication of the defendants offers a clear-eyed warning of the challenges to free speech faced by Japanese society today.

Accompanied by a podcast called "The Cannabis Criminology Podcast." As a limited series podcast, the authors will review key aspects of the book and interview scholars and activists working in this area. Very timely as the (potential) legalisation of cannabis has received much attention across the globe in recent decades/years, and this interest is set to continue for many years to come. Most research tends to focus on drugs as a whole, whereas this book focus solely on cannabis, and as such offers the depth needed to grasp the topic more effectively. Fits into several topics/modules within criminology, sociology, law, drug policy and public health. Comprehensive in its coverage, exploring history, frameworks of analysis, evidence to date, key initiatives, and providing examples from relevant jurisdictions.

WHY PUBLISH: - While there are a lot of true crime style books that look at similar case studies, this is the only academic book on Australian crime currently on the market pitched at an undergraduate audience. - The author is a well-know and respected academic, and used her connections to bring a stellar cast of reputable contributors on board for this project. - Book is based on a successful, long-running course offered at Newcastle University, Australia.

* Offers a user-friendly treatment of the intersection of code, statute, and case law that defines the law of crimes with critical, ethical, and moral emphasis on why certain conduct has been defined and deemed criminal by design * Written from a perspective honoring those entrusted with the many functions and processes related to the law of crimes * Uses a more Socratic method than the competitors by emphasizing the jurisprudential wisdom behind particular laws

This collection reviews developments in DNA profiling across jurisdictions with a focus on scientific and technological developments as well as their political, ethical, and socio-legal aspects. Written by leading scholars in the fields of social studies of forensic science, science and technology studies and socio-legal studies, the book provides state-of-the-art analyses of forensic DNA practices in a diverse range of jurisdictions, new and emerging forensic genetics technologies and issues of legitimacy. The work articulates the various forms of technolegal politics involved in the everyday, standardised and emerging practices of forensic genetics and engages with the most recent scholarly and policy literature. In analyses of empirical cases, and by taking into account the most recent technolegal developments, the book explores what it means to live in a world that is increasingly governed through anticipatory crime control and its related risk management and bio-surveillance mechanisms, which intervene with and produce political and legal subjectivities through human bodies in their DNA. This volume is an invaluable resource for those working in the areas of social studies of forensic science, science and technology studies, socio-legal studies, sociology, anthropology, ethics, law, politics and international relations.

1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.

This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.

This comprehensive reference work presents an in-depth analysis of juvenile justice systems across the world. The second edition of this Handbook has been updated with 13 new chapters, now covering a total of 34 countries, across North and South America, Europe, Asia, Africa, and the Middle East from an international and comparative perspective. The International Handbook of Juvenile Justice is the result of research conducted by a group of outstanding scholars working in the field of juvenile justice. It reflects a collective concern about trends in juvenile justice over the past two decades, trends that have begun to blur the difference between criminal and juvenile justice. Also new to the second edition, each chapter is formatted to increase the comparative aspect of the book, highlighting: * The legal status of juveniles * Age of majority * The country's stance toward the UN Committee on the Rights of the Child * Trends in juvenile crime over the period 2004-2014 * Causes of juvenile crime * Policing and juveniles * Courts and juveniles * Custodial rules for juveniles (detention, prison, mixing juveniles with adults) * Alternative sanctions for juveniles: home confinement, restorative justice, restitution, etc. * Differences in treatment of boys and girls This seminal work highlights similarities and differences between the various systems, and will be an important reference for researchers in criminology and criminal justice, particularly interested in juvenile delinquency and youth crime, as well as related disciplines like sociology, social work, and public policy.

This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.

This book examines the evolution of the contemporary crime victim's procedural place within modern western societies. Taking the history of the Irish crime victim as a case study, the work charts the place of victims within criminal justice over time. This evolves from the expansive latitude that they had during the eighteenth century, to their major relegation to witness and informer in the nineteenth, and back to a more contemporary recapturing of some of their previous centrality. The book also studies what this has meant for the position of suspects and offenders as well as the population more generally. Therefore, some analysis is devoted to examining its impact on an offender's right to fair trial and social forms. It is held that the modern crime victim has transcended its position of marginality. This happened not only in law, but as the consequence of the victim's new role as a key socio-political stakeholder. This work flags the importance of victim rights conferrals, and the social transformations that engendered such trends. In this way victim re-emergence is evidenced as being not just a legal change, but a consequence of several more recent socio-cultural transformations in our societies. The book will be of interest to researchers, academics and policy makers in criminal law, human rights law, criminology and legal history.

Develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe, and analyses the implications of actors pursuing political objectives through legal means. Will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.

* 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

Punishment policies and practices in the United States today are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices, mass incarceration, the world's highest imprisonment rate, extreme disparities, especially affecting members of racial and ethnic minority groups, high rates of wrongful conviction, assembly line case processing, and a general absence of respectful consideration of offenders' interests, circumstances, and needs. In Doing Justice, Preventing Crime, Michael Tonry lays normative and empirical foundations for building new, more just, and more effective systems of sentencing and punishment in the twenty-first century. The overriding goals are to treat people convicted of crimes justly, fairly, and even-handedly; to take sympathetic account of the circumstances of peoples' lives; and to punish no one more severely than he or she deserves. Drawing on philosophy and punishment theory, this book explains the structural changes needed to uphold the rule of law and its requirement that the human dignity of every person be respected. In clear and engaging prose, Michael Tonry surveys what is known about the deterrent, incapacitative, and rehabilitative effects of punishment, and explains what needs to be done to move from an ignoble present to a better future.