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Books > Law > Laws of other jurisdictions & general law > Criminal law
Policing in Britain has undergone considerable change since the 1960s and the last 20 years in particular have seen the growth of a more professional and managerial style of policing. This change has been prompted in part by technology, in part by changes in society at large, a growth of public expectations from the criminal justice system, changes in government policy and in part from within the police service itself. At the same time, debate about police conduct and ethics has been fuelled by revelations about police misconduct, miscarriages of justice, and a number of well-publicized cases of racial and sexual discrimination effecting serving officers and the way in which the country is policed. This text is intended to bridge the gap between media exaggeration and academic dryness.
In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.
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 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.
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 text examines the role of the Association of Chief Police Officers (ACPO) within British policing and police policy-making. Based on the first ever empirical study of ACPO, involving interviews with over 60 members of ACPO and many others connected with British policing, the book charts the changing position of ACPO over time and the influence which ACPO has over both policing policy and criminal justice policy more generally. In doing so it draws from a range of themes including patterns of police governance and accountability, police culture and policy networks. It concludes with a critical assessment of the doctrine of "constabulary independence". The book provides an insight into the workings of a body which represents the most senior police officers in the land.
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.
Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
This book provides the reader with a detailed and systematic analysis of the current state of UK extradition law. It is much more comprehensive than the first edition, dividing the subject into three main areas: (a) general principles; (b) outward extradition from the UK (with separate chapters for extradition to Ireland, Europe, the Commonwealth, and other countries); and (c) inward extradition from those countries (including summaries of their domestic law of extradition) as well as the rules governing inward extradition into the UK itself. For the first time for any book on this subject, the implications of the Human Rights Act are examined in detail. Coverage also includes full analysis of recent developments such as the Pinochet cases. It is arguably the most comprehensive book to have been written on the subject since Sir Edward Clark's book of over 100 years ago.
This unique volume on modern jury systems presents in-depth coverage of juries in Australia, England, Canada, New Zealand, the Republic of Ireland and Northern Ireland, Scotland, and the United States. Coverage involves civil as well as criminal juries. There is also a chapter on the newly revived criminal jury systems of Spain and Russia, and a chapter on potential revival of the jury that once existed in Japan. An introductory chapter provides a historical sketch of the development of the jury and a framework that is useful in comparing the jury systems discussed in the book. A final chapter surveys 46 other contemporary jury systems in Africa, Asia, the Mediterranean, Asia, the South Pacific, South America, the Caribbean and Europe. The book has enormous value for students of comparative law and for practitioners and policy makers who are concerned about issues such as `free press versus fair trial', pretrial prejudice, racial or ethnic bias, and complex evidence.
The criminal law has often been seen as central to the rule of the 18th century landed elite. Within detailed studies of every stage of the criminal process this volume explores key issues such as who used the law, for what purposes, and with what effects. It then challenges the view that the law was primarily the instrument of a small elite, portraying it instead as an arena of struggle, negotiation, and compromise used by many different social groups. The criminal justice system may have somtimes been vulnerable to power but it was also useful in limiting it.
Alcohol, Crime and Public Health explores the issue of drinking in the criminal justice system, providing an overview of the topic from both a criminal justice and public health perspective. The majority of prisoners in the UK (70%) have an alcohol use disorder, and evidence tells us that risky drinking is high amongst those in contact with all areas of the criminal justice system. Uniquely, this book brings both a criminal justice and public health perspective to the topic. The book opens by exploring the levels of crime attributed to alcohol, the policy context of alcohol and crime, and the prevalence of risky alcohol consumption in the criminal justice system. The following chapters examine risky drinking amongst men, women and young people in the criminal justice system. The final chapters look at the efficacy of psychosocial interventions for risky drinking in the criminal justice system, and look forward to how researchers and practitioners can work together to produce research in the criminal justice system. Written in an accessible and concise style, Alcohol, Crime and Public Health will be of great use to students of Criminology, Criminal Justice, and Public Health as well as the wider area of Public and Social Policy in relation to alcohol and crime.
Bringing together a range of perspectives, this book establishes a criminology of the domestic, paying particular attention to emerging spatial and relational reconfigurations. We move beyond criminologies of public and urban domains to consider over-looked non-public locales, and crimes and harms that occur in the home and other private spaces. Developed in the context of the COVID-19 lockdowns, where distinctions between public and private became increasingly untenable, the book considers how the pandemic has accelerated new patterns of behaviour, enabled by technology and shifting social relations. Drawing on a range of criminological topics, including victimisation, offending, property and violent crime, consumption, deviance and leisure, and zemiology, the book argues that the domestic sphere, and its relation to the public realm, needs to be more carefully conceptualised if criminology is to respond to new spatial and relational dimensions of changing lifestyles. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, geography, history, gender, surveillance and security and all those interested in a criminology of the domestic sphere.
There is an impasse in current thinking about youth crime and
justice, represented by punitive and harmful practices, and liberal
objections to these processes on the other, based predominantly on
arguments for rehabilitation . This book aims to arrive at an
alternative strategy for resolving the tensions between young
people especially those on and beyond the margins and the social
world which frames their lives.
Within this broad framework, the differentiated and contested
nature of young people s experiences and our (and their) ideas of
youth can be counterposed to prevailing one-sided and often
discriminatory assumptions about them; in order then to open up
questions about the nature and purposes of the youth justice
system, and to introduce some possibilities for reconstructing it
according to fundamental principles of rights, welfare and social
justice.
This book introduces 'convenience' as the key concept to explain financial crime by white-collar criminals. Based on a number of fraud examination- reports from the United States and Norway, the book documents empirical evidence of convenience among white-collar criminals. It advances our understanding of white-collar crime by drawing attention to private investigation reports by fraud examiners and financial crime specialists, who are in the growing business of fraud investigations. Reports of investigations have never before been researched in terms of white-collar criminals nor crime convenience. Reports of investigations by auditing and law firms represent a valuable empirical basis - in addition to court documents and other sources of information about financial crime. A methodical and well-researched study, this book will be of particular interest to scholars of criminological theory and law - in addition to ethics courses in business schools.
This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.
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 analyses the impact of Integrated Offender Management (IOM) on contemporary policing and separates the rhetoric from the reality. Drawing on a qualitative study within an English police force over two years, this book examines the experiences of prolific offenders, subject to IOM, and sheds light on the culture and practice of the police and staff from other criminal justice agencies, working within the scheme. While IOM has been judged to have had initial successes in reducing the criminal activities of prolific offenders, this book tests the validity of such claims, and considers the apparent disjuncture between policy statements made about the workings of IOM and how IOM policing operations are realized on the ground. It makes a unique contribution to research on police culture and practice, and multi-agency working in the criminal justice system. An accessible and compelling read, this book will appeal to policy makers, as well as students and scholars of criminology, sociology policing, and politics.
Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.
Women, Trauma, and Journeys towards Desistance: Navigating the Labyrinth provides an examination of women's desistance from crime from a gender-responsive, trauma-informed perspective. The book is based on the reflections of fifty-six women over a three-year period as they transition from custody to the community. With the women, the author examines how experiences of trauma, victimisation, and intersectional oppression constrain access to traditional desistance supporting processes, including supportive relationships, identity construction, the exercise of agency, and engagement with treatment and interventions, reframing these processes from trauma-informed perspective. The book joins together the women's insights and experiences with principles of gender-responsive, trauma-informed principles in a framework through which criminal justice practitioners can support women in their efforts to leave crime behind. The framework for practice is a fusion of concepts from desistance theory, principles of gender-responsivity, and trauma-informed practice designed to help women understand the root causes of the problems they face in the present whilst building on their resilience and strengths to achieve their goals for their futures. This book is ideal reading for scholars and students of criminology and criminal justice, particularly rehabilitation, gender and crime, and feminist criminology. It will also be of interest to academics and practitioners of forensic psychology and social work, as well as probation officers, social workers and prison officers.
Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren't subject to the same checks and balances that civil regulatory agencies are. "Prosecutors in the Boardroom" explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna
This book draws on empirical work to examine the debates surrounding domestic violence disclosure schemes (also known as Clare's Law), focussing on England and Wales with comparisons to similar jurisdictions. Clare's Law allows any member of the public the right to ask the police if their partner may pose a risk to them. This book sets out a coherent methodology for analysing these schemes which are growing in popularity. It discusses their pros and cons and the challenges with operating and regulating them. It ultimately seeks to examine whether the disclosure of information concerning the criminal history of one person to that person's intimate partner will ultimately increase the likelihood of keeping their partner safe. It speaks to academics working in the domestic violence / regulation/ criminal justice/ criminology fields as well as by policy makers in front line services and government agencies.
Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.
Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role. |
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