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Books > Law > Laws of other jurisdictions & general law > Criminal law
The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
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. There is a market for this book across rural criminology, rural sociology and human geography. 2. Whereas most victimological literature focuses on the urban, this book sheds light on rural victimisation.
Videos from the "What Is a Criminal?" lecture series whatisacriminal.org (the inspiration for the book) will remain freely available, and will be described in the book. These can be used by professors as supplemental multimedia content both for in-class and out-of-class assignments. The Editor has provided an instructors' introduction that suggests classroom uses for the individual essays and chapters. Some of the stories are told scholars, some by people working in the justice system, and some by people who were formally incarcerated. It is very rare to find these three groups participating in a common discussion about the core concept that brings them together. The book's narrative-based, multi-voiced form will not only help students think broadly and deeply about this important topic, but also interest them enough to share the stories with their families and friends, generating ideas and discussions that ripple well beyond the classroom.
1. This book has a market across criminology and South-East Asian Studies. 2. Most research findings on policing are based in Anglo-American assumptions; this book joins the growing literature on policing (and other parts of the criminal justice system) from other parts of the world, and particularly the Global South.
* Presents a detailed picture of the operations of Halden Prison and the principles and policies of the Norwegian correctional service. * Offers lessons for incorporating practices of humane care and custody of imprisoned populations. * Essential reading for academics and students engaged in the study of criminology, corrections, and penology, as well as practitioners, administrators, judges, policymakers, and advocates.
* 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
Considers how legal reforms and awareness-raising associated with building the rule of law, have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. Explores the case study of the Democratic Republic of Congo. This book will appeal to comparativists, Africanists, and socio-legal scholars.
This book offers an interdisciplinary perspective on femicide, using Israel as an illuminating case study, given its diverse communities and common-law-based legal system. Utilizing analytical alongside practical perspectives, the book offers a novel crimino-legal approach to femicide. In addition to its interdisciplinary novelty, the book presents originality in going beyond the more usual focus on the central victims and the common legal tools. Here, the authors extend the analysis to secondary victims of femicide and examine the applicability of second-tiered relevant legal tools, mostly tort law, as a means for gaining justice for the victims. This explorative journey culminates with the authors' definition of femicide as a quintessential "crime of distinct nature". In the context of current international pledges to better understand and consequently better fight femicide, this work allows readers to comprehend the phenomenon and the ways to abolish it. The book will be an invaluable resource for academics, researchers and policy makers working in the areas of criminal law, tort law, family law, criminology and gender studies, as well as for legal theorists and criminologists seeking integration of both disciplines.
In this book, Liz Turner argues that survey methods have gained an unwarranted and unhealthy level of dominance when it comes to understanding how the public views the criminal justice system. The focus on measuring public confidence in criminal justice by researchers, politicians and criminal justice agencies has tended to prioritise the production of quantitative representations of general opinions, at the expense of more specific, qualitative or deliberative approaches. This has occurred not due to any inherent methodological superiority of survey-based approaches, but due to the congruence of the survey-based, general measure of opinion with the prevailing neoliberal political tendency to engage with citizens as consumers. By identifying the historical conditions on which contemporary knowledge claims rest, and tracing the political power struggles out of which sprang the idea of public confidence in criminal justice as a real and measurable object, Turner shows that things could be otherwise. She also draws attention to the ways in which survey researchers have asserted their dominance over other approaches, suppressing convincing claims by advocates of deliberative methods that a better politics of crime and justice is possible. Ultimately, Turner concludes, researchers need to be more upfront about their political objectives, and more alert to the political responsibilities that go along with the making of knowledge claims. Providing a provocative critique of the dominant approaches to measuring public confidence, this timely study will be of special interest to scholars of the criminal justice system, research methods, and British politics.
This book asks why crime and violence persist in Latin America at extreme levels and why the states have not been able to more effectively solve this problem that dominates the lives of many millions of Latin Americans. Informed by diverse disciplinary backgrounds, the book brings together a team of regional experts to discuss research-based explanations on some of Latin America's most pressing criminal and violent issues distressing the rule of law. First, it examines old and new forms of observing crime upon perpetrators and victimized communities. Second, it explores the geographies of urban and rural violence and the entangled politics following organized criminality. Third, it questions how the transfer of policy knowledge and expertise reshapes local security governance, and, more importantly, critically examines the problems in implementing foreign models and paradigms in the Latin American context. Finally, it exposes the everchanging scenario of policy-making and prosecuting crime and homicide. Crime, Violence, and Justice in Latin America provides new themes and novel trends on what crime and violence mean in the eyes of observers, perpetrators, policymakers, governmental officials, and victims. It is an important acquisition for policy makers and academics alike.
This monograph illuminates the connections between juvenile defense policies and the racially disparate impact of the juvenile justice system. The limited data that exist on youth in the juvenile justice system consistently depict disparate contact and outcomes for black youth across the system. The broad rehabilitative goals of the U.S. juvenile justice system, along with the "best interest" legal standard of the child welfare system, muddle the protection of youth due process rights. States differ widely in their policies granting defense counsel, and many policies lack specific language for policies addressing notions such as appointment timing, duration of representation, waiver criteria, and role of counsel. Using a combination of legal and sociological research methods, this book examines the lack of specificity in the language of juvenile defense policies and connects the dots between this deficiency with the racially disparate impact of the system, contextualizing findings within a broader theoretical constructs of race and law. The author introduces common elements of juvenile defense policies, describes their impact, and makes suggestions for strengthening defense counsel policies. The book concludes with a call to action regarding expanded data-collection practices for juvenile delinquency courts. This book is essential reading for those engaged in youth and juvenile justice efforts and scholars interested in issues surrounding due process, race, class, social policy, and justice.
This book examines the evolution of legal institutions in containing and tackling fraudulent activities plaguing payment systems ('payment fraud', e.g. forged cheques, wrongful payment instructions, etc.) in Asia, focusing on laws in Greater China and Singapore. In the past century, the payment system has invited much innovation, changing the modes of payments from exchanging cash and coins to the use of cards, wire transfers and other new types of payment instruments or services (e.g. bitcoins or QR code payments). As the nature of payment services is to move money from one place to another, it naturally attracts fraudsters. Even with advanced computer technology, payment fraud is still rampant in the market, causing billions of dollars in losses globally per annum. Through an examination of payment instruments and associated frauds over time, the book illustrates a shifting trend of legal solutions from criminal sanctions and civil compensation to a gradual focus on regulations of payment intermediaries. This trend reflects the complexity of payment systems and the challenge of protecting them. The book also identifies the underlying actors and institutional characteristics driving the evolution of legal institutions to deal with payment fraud and illustrates how the arrival of new technology may affect the market and thus the evolution of legal institutions. The book will help readers to better understand the interaction between technology, the market and law and help regulators, financial institutions, practitioners and end users, as well as about payment fraud and corresponding legal responses.
The public has always appreciated communication technology for its ability to bring people together but every week we read more and more stories of someone who commits suicide, gets fired, gets "canceled", abandoned, or worse, because of a conflict or misunderstanding involving social media. By examining the technological shortcomings of online media platforms as well as the inhumane speed of information travel, Emami emphasizes that the technology itself is implicated in the current environment of ubiquitous conflict and the pursuit of punishing others online. Using theories that originated in studies of extremism and terrorism, Jessica Emami analyzes the processes that drive people to punish others using social media. Emami demonstrates that "cyberpunishment" is driven by outrage against our personal sense of morality, and a deep desire for our act of punishment to be acknowledged by others. This attitude is maximized on today's social media platforms which are, by their very structure, unable to curb or resist cyberpunishment. This book would be of interest to scholars and students in sociology, criminology, and media studies.
Top Ten Global Justice Law Review Articles 2007 is a thorough and
accessible review of the most salient, the most controversial, and
the most illuminating essays on security law in the previous
calendar year. In this edition, Professor Amos Guiora presents the
ten most vital and pertinent law review articles from 2007 written
by both scholars who have already gained international prominence
as experts in security law as well as emerging voices in the
security-law debate. These articles deal with issues of terrorism,
security law, and the preservation of civil liberties in the
post-9/11 world. The chosen selections derive not just from the
high quality and expertise of the articles' authors, but equally
from the wide diversity of legal issues addressed by those authors.
Guiora combines the expertise of scholars from such accredited
institutions as Harvard, Stanford, the U.S Military Academy and the
U.S. Department of Defense to provide a valuable resource for
scholars and experts researching this important subject area.
* The book provides a thorough background for understanding the evidentiary framework used in the administration of criminal justice in the United States * The only book on the market to include the official text of legal cases to illustrate current legal principles and explain evolving principles of evidence in a contemporary case context * Addresses the potential of congressional legislation to affect the admissibility of some evidence, teaching the reader when and how to anticipate change * New cases in this edition illuminate the evolution of U.S. evidentiary law
This book provides a unique empirical study of criminal trials in China. Western observers such as the media, politicians and the legal scholars alike, have rarely had the exposure to the vast majority of the ordinary criminal trials in China. A number of legal reforms have been implemented in Chinese criminal courts in recent years, but there has been little research on whether these reforms have been effective. This book fills that gap, by unveiling the day-to-day reality of criminal cases tried by the lowest level courts in China. The data used in this study include hundreds of criminal trial observations, complete criminal case dossiers, and a comprehensive questionnaire survey of criminal justice practitioners from one large province located in China's Southeast coast. These data were collected over a two-year period, with a generous research grant from the John D. and Catherine T. MacArthur Foundation, by scholars already working in the Chinese legal system. The work opens with a historical framework of the Chinese criminal justice system, both Western and Chinese interpretations, and an overview of the current state of the system. It will provide unique analysis of how criminal trials are being carried out in China, with a useful context for scholars with varying levels of familiarity with the current system. The research framework for gathering data discussed in this book will also provide a useful basis for studying the criminal justice system in other regions.
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.
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.
This book is Volume IV in the Official History of Criminal Justice in England and Wales. Previous volumes have focused on the moral reforms of the 1960s, the changes to the criminal courts and the introduction of an independent prosecution service, and the broad shifts in penal policy that have taken place in the post-war era. This volume examines the changing politics of law and order, charting the gradual shift toward greater political conflict and dispute. Until the early 1970s law and order rarely occupied a privileged place in political debate. From that point this began to change with, initially, the Conservatives utilising crime and penal policy as a means of distinguishing themselves from their opponents. This volume charts these changes in the politics of law and order and examines the rise in the temperature of political debate around such issues as the Labour Party markedly shifted its direction in the 1990s This book will be of interest to students of British political history, criminology and sociology.
Austerity has reconfigured and scaled back the governance and delivery of public services and negatively affected society's most vulnerable groups. This book opens up the closed world of English prisons to examine its impact on prison health governance and healthcare delivery. It argues that austerity has been a decade-long, large-scale political experiment that has caused debt to balloon, eroded the prison health system and perpetuated a cycle of punishment resulting in sicker prisoners. In short, austerity has violated prisoners' human rights. Drawing on interviews and data from existing longitudinal and economic analyses, the book demonstrates how austerity has resulted in high rates of recidivism, diminished what remains of the welfare state, and increased inequality and punitiveness. Despite a decade of failure, there is a marked political reluctance to dispense with austerity, and the governmental juggernaut continues to produce the same result. As the spectre of recession increases, caused in part by Brexit and COVID-19, these failures are ever more perilous. This book blends the interdisciplinary perspectives of criminology, public health, sociology, law, social policy, politics, and economics to enable greater understanding of the impact of austerity on health governance, prison healthcare, the prison workforce, and prisoners' health and safety. It challenges current policy, practice and thinking, and is a must read for anyone who wants to reflect on how the political economic structure can affect the governance and delivery of healthcare services in marginalised settings, beyond prisons, and indeed beyond England.
This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies. Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.
This book provokes fresh ways of thinking about small developing States within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). From the global wars on drugs and terror to journalistic exposes such as the 'Paradise', 'Panama' and 'Pandora' Papers, the Commonwealth Caribbean has been discursively stigmatised as a mythical island paradise of 'rogue' States. Not infrequently, their exercise of regulatory self-determination has been presented as the selling of their economic sovereignty to facilitate shady business deals and illicit finance from high-net-worth individuals, kleptocrats, tax-dodgers, organised crime networks and terrorist financiers. This book challenges conventional wisdom that Commonwealth Caribbean States are among the 'weakest links' within the global ecosystem to counter illicit finance. It achieves this by unmasking latent interests, and problematising coercive extraterritorial regulatory and surveillance practices, along the onshore/offshore and Global North/South axes. Interdisciplinary in its outlook, the book will appeal to policymakers, regulatory and supervisory authorities, academics and students concerned with better understanding legal and development policy issues related to risk-based regulatory governance of illicit finance. The book also provides an interesting exposition of substantive legal and policy issues arising from money laundering related to corruption and politically exposed persons, offshore finance, and offshore Internet gambling services.
This book examines Mental Health Courts (MHC) within a socio-legal framework. Placing these courts within broader trends in criminal justice, especially problem-solving courts, the author draws from two case studies with a mixed-methods design. While court observational and interview data highlight the role of rituals and procedural justice in the practices of the court, quantitative data demonstrates the impact of incentives, mental health treatment compliance and graduating patterns from MHC in altering patterns of criminal recidivism. In utilising these methods, this book provides a new understanding of the social processes by which MHCs operate, while narrative stories from MHC participants illustrate both the potential and limitations of these courts. Concluding by charting potential improvements for the functioning and effectiveness of MHCs, the author suggests potential reforms and 'best practices' for the future in tandem with rigorous analysis. This book will be of value and interest to students and scholars of criminology, law, and social work, as well as practitioners.
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. |
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