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Books > Law > Laws of other jurisdictions & general law > Criminal law
Originally published in 1998, this handbook describes the statutes and cases that defined the governance, control and authority of the provincial police forces in England and Wales at the time. For many years the complexity and range of these legal authorities had caused misunderstandings and doubt when differing aspects of police activities had been questioned. To clarify the law a major step was taken in the enactment of the Police Act 1996. The consolidating Act brought together most of the existing statutory provisions regarding the governance of police forces. However, since about 1980, a number of other factors relevant to the powers and control of the police had emerged, most notably: Increased civil litigation had led to a number of cases defining the civil liability of the police; Increased use of judicial review procedures with consequent case decisions defining police powers in particular circumstances; Greater centralisation in police policies together with the Home Secretary's control of finance and other matters; Increased police use of sophisticated technology for record keeping and surveillance purposes; The involvement of the security service in an anti-criminal role. The book (which includes illustrative charts) covers many complex legal issues. It has been written in a plain non-legalistic style. It is understandable to non-lawyers. However, for the benefit of practitioners, all statutory and case references are provided so that original materials can be consulted by those needing further information.
Originally published in 1980, Community Policing is a view of the relationship between the police and the community, written by Evelyn B. Schaffer, an outsider who had worked very closely with the police. It covers many Forces and projects, particularly in Scotland who pioneered community policing. It explores the various means that police forces were using to get closer to the community at the time, including work with schools and specialist work with juveniles and their families. It also includes a chapter on police training and its effect on community policing.
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.
This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law, and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.
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.
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.
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.
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 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.
Offers a timely contribution covering a range of cutting-edge empirical research chapters from talented academics around the globe. Given the range of chapters from academics around the world, sales are to be expected in a range of countries in the Global South. Challenges the dominance of northern theories in policing and the intellectual exclusion of the experiences of most of the world's population relegated to the margins, therefore contributing to the growing movement of a Southern Criminology. The material is timely and is likely to have a significant shelf-life, given the importance and momentum the debate around southern theories has gained. This is a unique book with no direct comparisons, and is a compelling contribution to the field of policing studies. Since some of the problems described in the chapters are of long-standing and unlikely to be addressed soon, patriarchy or influence of religion, the shelf life should be long.
Who are the perpetrators of modern slavery? Why do they exploit others? What might be done to stop exploitation recurring? These are the questions answered in this book. Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences. The different forms that modern slavery takes are explained chapter by chapter: organized crime, people smuggling, labour exploitation, domestic servitude, sham marriage, the trafficking of adults for sexual exploitation and child sex trafficking. Using case studies to illuminate the perspectives of those deemed perpetrators, we show that few modern slavery offenders conform to stereotypes of people traffickers. Through an interpretive analysis of offenders' life stories, we reveal the points in the past and present where interventions could have prevented victims from becoming trapped in exploitation. We show that while national governments and international bodies often appear resolute in their efforts to tackle modern slavery and people trafficking, they have also obscured their own roles in compounding the plights of those at the sharp ends of globalization. In racializing the actions of sex traffickers, grooming gangs, and organized criminals, the modern slavery agenda has mystified the roles market dynamics, the absence of workers' rights, and immigration controls play in generating vulnerabilities to exploitation. This book will be of interest to a wide range of students, policymakers and practitioners concerned with modern slavery, human trafficking, border control and immigration, globalization and inequality, as well as the more disciplinefocused criminological audiences concerned with why people commit crimes, what should be done about them and the, often paradoxical, consequences of social control across borders. Given the book's strong focus on narrative, psychosocial and social network methodologies, it will also appeal to audiences across the social sciences concerned with applying these novel approaches to difficult to reach populations.
Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women's involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders. The chapters cover a wide range of topics relating to women and crime, including: violent and sexual victimisation, violent offending, sentencing and punishment, and rape myths. Since the peak of feminist criminal justice scholarship in the 1990s, the place of women in the criminal justice system has arguably slipped down the agenda and the authors of this collection draw on original research to make the compelling case for a swift remedy to this. Drawing on recent academic studies and professional experience to set an agenda for future research - as well as legal and policy reform - this book injects new life into the dialogue surrounding women and the criminal justice system. Innovative and timely, this collection of essays holds broad appeal to academics and practitioners, as well as students of criminology, criminal justice and law, and all those with an interest in feminism, justice, and inequality.
This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions - Canada, Australia, and the USA - who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.
This book is dedicated to improving the practice of the policing of domestic abuse. Its objective is to help inform those working in policing about the dynamics of how domestic abuse occurs, how best to respond to and investigate it, and in the longer term how to prevent it. Divided into thematic areas, the book uses recent research findings to update some of the theoretical analysis and to highlight areas of good practice: 'what works and why'. An effective investigation and the prosecution of offenders are considered, as well as an evaluation of the success of current treatment options. Policing domestic abuse can only be dealt with through an effective partnership response. The responsibilities of each agency and the statutory processes in place when policy is not adhered to are outlined. Core content includes: A critique of definitions and theoretical approaches to domestic abuse, including coverage of the myths surrounding domestic abuse and their impact on policing. An exploration on the challenges of collecting data on domestic abuse, looking at police data and the role of health and victim support services. A critical review of different forms of abuse, different perpetrators and victims, and risk assessment tools used by the police. A critical examination of the law relating to domestic abuse; how police resources are deployed to respond to and manage it; and best practice in investigation, gathering evidence, and prosecution Key perspectives on preventing domestic abuse, protecting victims, and reducing harm. Written with the student and budding practitioner in mind, this book is filled with case studies, current research, reports, and media examples, as well as a variety of reflective questions and a glossary of key terms, to help shed light on the challenges of policing domestic violence and the links between academic research and best practice.
This research monograph provides a comparative analysis of juvenile court outcomes, exploring the influence of contextual factors on juvenile punishment across systems and communities. In doing so, it investigates whether, how, and to what extent macro-social context influences variation in juvenile punishment. The contextual hypotheses under investigation evaluate three prominent macro-sociall theoretical approaches: the conflict-oriented perspective of community threat, the consensus-oriented perspective of social disorganization, and the organizational perspective of the political economy of the juvenile court. Using multilevel modeling techniques, the study investigates these macro-social influences on juvenile justice outcomes across nearly 500 counties in seven states-Alabama, Connecticut, Missouri, Oregon, South Carolina, Texas, and Utah. Findings suggest that the contextual indicators under investigation did not explain variation in juvenile court punishment across communities and systems, and the study proposes several implications for future research and policy. This monograph is essential reading for scholars of juvenile justice system impact and reform as well as practitioners engaged in youth policy and juvenile justice work. It is unique in taking a comparative perspective that acknowledges that there is no one juvenile justice system in the United States, but many such systems.
The establishment of 'new police' forces in early Victorian England has long attracted historical enquiry and debate, albeit with a general focus on London and the urban-industrial communities of the Midlands and the North. This original study contributes to the debate by examining the nature and process of police reform, the changing relationship between the police and the public, and their impact on crime in Cambridge, a medium-sized county town with a rural hinterland. It argues that the experience of Cambridge was unique, for the Corporation shared co-jurisdiction of policing arrangements with the University, and this fractious relationship, as well as political rivalries between Liberals and Tories, impeded the reform process, although the force was certified efficient in 1856. Case studies of the careers of individual policemen and of the crimes and criminals they encountered shed additional light on the darker side of life in early Victorian Cambridge and present a different and more nuanced picture of provincial police reform during a seminal period in police history than either the traditional Whig or early revisionist Marxist interpretations implied. As such, it will support undergraduate courses in local, social, and criminal justice history during the Victorian period.
Sentencing is one of the fastest moving areas of law, with frequent legislative changes and hundreds of reported appellate decisions each year. The fourth edition of "Emmins on Sentencing" provides the most comprehensive coverage of modern sentencing law currently available. It offers a clear and authoritative guide to the sentences which are available to the courts and describes the powers of sentencing which can be used and how they are likely to be exercised in practice by the Crown Court or magistrates' courts.;Since the last edition much of sentencing law has been consolidated in the Powers of Criminal Courts (Sentencing) Act 2000, and "Emmins on Sentencing" has been completely rewritten to take account of all these changes. This edition also deals with important reforms in the Criminal Justice and Court Services Act 2000, including the introduction of exclusion orders, disqualification orders and drug abstinence orders. Numerous appellate decisions are explained and discussed in context, such as the developing case law on automatic life sentences, extended sentences, detention and training orders, victim impact evidence, and a range of new sentencing guideline decisions including drug offences, racially aggravated offences and handling stolen goods. The impact of the Human Rights Act 1998 on sentencing is explained, including the ramifications of Thompson and Venables v UK. The new Magistrates' Association Guidelines are also set out.
Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- "real judges" hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment. The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant's rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.
25 leading contemporary theorists of criminal law tackle a range of
foundational issues about the proper aims and structure of the
criminal law in a liberal democracy.
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.
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.
Should policemen be armed? Do they want to be? How fair is police interrogation? Are the police too tough on demonstrators? How often are the guilty acquitted? Do we get the police force we deserve? Originally published in 1977, Sir Robert Mark considers these and many other issues. His period as Commissioner of the Metropolitan Police Force would mark something of an epoch, not only because of the challenge of brutal terrorism or his success as a leader, but because he was a bold innovator, thoughtful and articulate, whose work could be readily assessed because he believed in 'telling the public all you can' (the official memorandum on this appears here as an appendix). One change affecting the CID, described in this book, is characterised by Sir Robert himself as the most important single change since the Metropolitan Police was founded by his namesake Sir Robert Peel. The opening chapter describes the organisation and functioning of this country's police at the time, the way in which they epitomise and are restricted by a free society and alone see the whole picture of criminal justice - in a sense here Sir Robert speaks over the heads of the legal profession to the public. The next important chapter contains the first open discussion of modern police-army cooperation in this country, but Sir Robert emphasises that a democratic society cannot be controlled by force and that the police exist for the maintenance of public order, irrespective of party, of sectional interests and of the government of the day. They are an example of the British genius for successful institutional compromise. Subsequent chapters examine these themes in more detail and from different angles; discuss manpower limitations and maldistribution; emphasise how the individual police officer, man or woman, is the anvil on which society beats out the problems of social inequality, racial prejudice and ghettoes, weak and ineffectual legislation. There are chapters on violence and on that London speciality, the demonstration. In the author's view, the police officer, daily thrown back on his understanding of basic Christian precepts, has now left his Victorian 'artisan status' far behind - and the present Metropolitan Commissioner compels consideration of the police officer's point of view. |
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