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Books > Law > Laws of other jurisdictions & general law > Criminal law
Sexual Assault Kits and Reforming the Response to Rape curates the current state of untested sexual assault kit research and highlights emerging best practices by exploring the past, the present, and the future of our collective response to rape. This book is the first to address the most critical topics related to untested sexual assault kits and the Department of Justice's Sexual Assault Kit Initiative, bringing together leading US scholars, practitioners, policy makers, and survivors. In a series of well-researched and thoughtful thematic chapters, the book explores the current state of knowledge related to untested kits, survivors, and perpetrators, while also documenting fundamental and necessary changes in how societal systems respond to rape. It provides an opportunity to learn from our past, highlight what we could do differently now, and envision a better future for victims of rape and those tasked with ensuring justice. It may also serve as a cautionary tale for those jurisdictions that have yet to face their backlog or who have failed to embrace the practice and policy changes that have emerged from the Sexual Assault Kit Initiative. Sexual Assault Kits and Reforming the Response to Rape is essential reading for practitioners (including law enforcement, prosecutors, victim advocates, mental health providers, forensic nurses, and forensic scientists), stakeholders, legislators, and policy makers. It will also be of interest to upper-level students and scholars working on interpersonal violence, gender-based violence, and forensic nursing in social/behavioral science fields.
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.
Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Justice and Legitimacy in Policing critically analyzes the state of American policing and evaluates proposed solutions to reform/transform the institution, such as implementing body-worn cameras, increasing diversity in police agencies, the problem of crimmigration, limiting qualified immunity, and the abolitionist movement. Considering the changes that have occurred in our sociopolitical climate, policymakers, scholars, and the public are in need of a book that focuses on the American policing institution in a comprehensive yet critical manner. Each chapter is devoted to a specific area of policing that has either received criticism for the problems it may create or has been proposed to effect reform. The chapters are sequenced such that readers are introduced to a spectrum of topics to expand the discourse on changes needed to achieve equitable policing. The book also encourages readers to consider the idea that achieving justice and legitimacy in policing cannot happen as the institution is now formulated, and it invites readers to use the topics discussed in each chapter to envision transformative propositions. Justice and Legitimacy in Policing is intended to engage policymakers and practitioners as well as interested members of the public. The scope of this book also makes it a valuable resource for academics and students.
Justice and Legitimacy in Policing critically analyzes the state of American policing and evaluates proposed solutions to reform/transform the institution, such as implementing body-worn cameras, increasing diversity in police agencies, the problem of crimmigration, limiting qualified immunity, and the abolitionist movement. Considering the changes that have occurred in our sociopolitical climate, policymakers, scholars, and the public are in need of a book that focuses on the American policing institution in a comprehensive yet critical manner. Each chapter is devoted to a specific area of policing that has either received criticism for the problems it may create or has been proposed to effect reform. The chapters are sequenced such that readers are introduced to a spectrum of topics to expand the discourse on changes needed to achieve equitable policing. The book also encourages readers to consider the idea that achieving justice and legitimacy in policing cannot happen as the institution is now formulated, and it invites readers to use the topics discussed in each chapter to envision transformative propositions. Justice and Legitimacy in Policing is intended to engage policymakers and practitioners as well as interested members of the public. The scope of this book also makes it a valuable resource for academics and students.
The historical context of colonisation situates the analysis in Children, Care and Crime of the involvement of children with care experience in the criminal justice system in an Australian jurisdiction (New South Wales), focusing on residential care, policing, the provision of legal services and interactions in the Children's Court. While the majority of children in care do not have contact with the criminal justice system, this book explores why those with care experience, and Indigenous children, are over-represented in this system. Drawing on findings from an innovative, mixed-method study - court observations, file reviews and qualitative interviews - the book investigates historical and contemporary processes of colonisation and criminalisation. The book outlines the impact of trauma and responses to trauma, including inter-generational trauma caused by policies of colonisation and criminalisation. It then follows a child's journey through the continuum of care to the criminal justice system, examining data at each stage including the residential care environment, interactions with police, the provision of legal services and experiences at the Children's Court. Drawing together an analysis of the gendered and racialised treatment of women and girls with care experience in the criminal justice system, the book particularly focuses on legacies of forced removal and apprenticeship which targeted Aboriginal and Torres Strait Islander women and girls. Through analysing what practices from England and Wales might offer the NSW context, our findings are enriched by further reflection on how decriminalisation pathways might be imagined. While there have been many policy initiatives developed to address criminalisation, in all parts of the study little evidence was found of implementation and impact. To conclude, the book examines the way that 'hope tropes' are regularly deployed in child protection and criminal justice to dangle the prospect of reform, and even to produce pockets of success, only to be whittled away by well-worn pathways to routine criminalisation. The conclusion also considers what a transformative agenda would look like and how monitoring and accountability mechanisms are key to new ways of operating. Finally, the book explores strengths-based approaches and how they might take shape in the child protection and criminal justice systems. Children, Care and Crime is aimed at researchers, lawyers and criminal justice practitioners, police, Judges and Magistrates, policy-makers and those working in child protection, the criminal justice system or delivering services to children or adults with care experience. The research is multidisciplinary and therefore will be of broad appeal to the criminology, law, psychology, sociology and social work disciplines. The book is most suitable for undergraduate courses focusing on youth justice and policing, and postgraduates researching in this field.
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.
Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.
This Handbook brings together the voices of a range of contributors interested in the many varied experiences of women in criminal justice systems, and who are seeking to challenge the status quo. Although there is increasing literature and research on gender, and certain aspects of the criminal justice system (often Western focused), there is a significant gap in the form of a Handbook that brings together these important gendered conversations. This essential book explores research and theory on how women are perceived, handled, and experience criminal justice within and across different jurisdictions, with particular consideration of gendered and disparate treatment of women as law-breakers. There is also consideration of women's experiences through an intersectional lens, including race and class, as well as feminist scholarship and activism. The Handbook contains 47 unique chapters with nine overarching themes (Lessons from history and theory; Routes into the criminal justice system; Intersectionality; Sentencing and the courts and community punishments; Specific offences; Incarcerated women's experiences; Mothers and families; Rehabilitation and reintegration; Practitioner relationships), and each theme includes contributions from different countries as well as the experiences of contributors from different stages in their own journey. International and interdisciplinary in scope, this Handbook is essential reading for scholars and students of criminology, sociology, social policy, social work, and law. It will also be of interest to practitioners, such as social workers, probation officers, prison officers, and policy makers.
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 text shows students how to organize their work and write gracefully. --Vivid examples show students effective re-writes of example passages. --Classroom and student homework assignments are provided on the book's web site. --Provides examples from both qualitative and quantitative research. --At 150 pages the book is an effective core text for any social science writing course, but brief enough to be assigned in large required courses like social science research methods in sociology and in fields like education, criminology, allied medical health, and other fields where effective research presentation is an important career skill.
--This text shows students how to organize their work and write gracefully. --Vivid examples show students effective re-writes of example passages. --Classroom and student homework assignments are provided on the book's web site. --Provides examples from both qualitative and quantitative research. --At 150 pages the book is an effective core text for any social science writing course, but brief enough to be assigned in large required courses like social science research methods in sociology and in fields like education, criminology, allied medical health, and other fields where effective research presentation is an important career skill.
Achieving effective enforcement in cases of complex, multi-layered, multi-jurisdictional acts of bribery that occur in utmost secrecy is a challenging area of corporate crime enforcement. This thought-provoking book examines the scope, benefits and challenges of negotiated settlements - a form of non-trial enforcement - as a mechanism, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, this timely book offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions. Drawing on recent empirical research, the contributors' analyses of these settlements in the context of fundamental criminal law principles offer unique insight and functional solutions to the difficult problem of holding corporations liable for crime. The book's deep reflection on criminal law principles will be beneficial for scholars and students of economic crime, corruption and criminal law. Equally, its contributions to a policy area undergoing rapid development will be invaluable for policymakers, enforcement practitioners and government officials. Contributors include: J. Arlen, R. Berzero, L. Borlini, K.E. Davis, P.H. Dubois, B. Garrett, S. Hawley, C. King, D. Kos, S. Lonati, N. Lord, L.A. Low, A. Makinwa, S. Oded, K.M. Peters, M. Pieth, B. Prelogar, T. Soreide, K. Vagle, S. Williams-Elegbe
This book critically investigates Nordic criminal justice as a global role model. Not taking this role for granted, the chapters of the book analyze how Nordic approaches to criminal justice were folded into global contexts, and how patterns of promotion were built around perceptions that these approaches also had a particular value for other criminal justice systems. Specific actors, both internal and external to the region itself, have branded Nordic criminal justice as a form of 'penal exceptionalism' associated with human rights, universalistic welfare, and social cohesion. The book shows how building and using the brand of Nordic criminal justice allowed stakeholders to champion specific forms of crime control across a variety of criminal justice areas in both domestic and international settings. The book will be of interest to scholars and students of criminal justice, international law and justice, Nordic and Scandinavian studies, and more widely to the social sciences and humanities.
Interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). The book develops its own conceptual framework based on the idea of connectivity. Case studies from Bosnia-Herzegovina, Colombia and Uganda. Will appeal to scholars, researchers and policy makers working on CRSV and/or transitional justice.
This book argues that strengthening policing, and the rule of law is pivotal to promoting human rights, equity, access to justice and accountability in sub-Saharan Africa. Through a multidisciplinary approach, this book considers the principles of accountability, just laws, open government, and accessible and impartial dispute resolution, in relation to key institutions that deliver and promote the rule of law in selected countries in sub-Saharan Africa. Chapters examine a range of topics including police abuse of power and the use of force, police-citizen relations, judicial corruption, human rights abuse, brutality in the hands of armed forces, and combating arms proliferation. Drawing upon key institutions that deliver and promote the rule of law in sub-Saharan African countries including, Botswana, Ghana, Kenya, Madagascar, Nigeria, Rwanda, and South Africa, the contributors argue that strengthening policing, security and the rule of law is pivotal to promoting human rights, equity, access to justice and accountability. As scholars from this geographical region, the contributing authors present current realities and first-hand accounts of the challenges in this context. This book will be of interest to scholars of African studies, criminology and criminal justice, police studies, international law practice, transitional justice, international development, and political science.
1. Bringing together chapters co-authored by academics and practitioners, this book will find a market as a supplementary book for students and a book on best-practice for professionals. Each chapter has a set structure to ensure consistency. 2. This book will be particularly useful for universities offering qualifications for trainee probation officers in the UK, as well as Criminology students taking courses on criminal justice, penology, rehabilitation and working with offenders.
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.
This book contributes to our knowledge of desistance in a developing country. Offering an intercultural dialogue with mainstream explanations, Transitions Out of Crime analyses the transition from crime to conformity among a group of Chilean juvenile offenders. Desistance from crime is not just the cessation of criminal activity itself, but a process of acquiring roles, identities, and virtues; of developing new social ties, and of inhabiting new spaces. This book offers new evidence that shows that the traditional binary between the 'reformed desister' and the 'anti-social persister' is inaccurate and that the road to desistance contains various oscillations between crime and conformity. Furthermore, this study shows the role that gender plays in shaping, limiting and structuring pathways away from crime. Written in a clear and direct style, this book will appeal to those engaged in criminology, sociology, penology, desistance, rehabilitation, gender studies and all those interested in the transition from crime to conformity outside the Anglo-American orthodoxy.
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.
This timely volume by distinguished scholar Gunter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.
This book is a reflection on the nature of confinement, experienced by prison inmates as everyday life. It explores the meanings, purposes, and consequences involved with spending every day inside prison. Female Imprisonment results from an ethnographic study carried out in a small prison facility located in the south of Portugal, and Frois uses the data to analyze how incarcerated women talk about their lives, crimes, and expectations. Crucially, this work examines how these women consider prison: rather than primarily being a place of confinement designed to inflict punishment, it can equally be a place of transformation that enables them to regain a sense of selfhood. From in-depth ethnographic research involving close interaction with the prison population, in which inmates present their life histories marked by poverty, violence, and abuse (whether as victims, as agents, or both), Frois observes that the traditional idea of "doing time", in the sense of a strenuous, repressive, or restrictive experience, is paradoxically transformed into "having time" - an experience of expanded self-awareness, identity reconstruction, or even of deliverance. Ultimately, this engaging and compassionate study questions and defies customary accounts of the impact of prisons on those subjected to incarceration, and as such it will be of great interest for scholars and students of penology and the criminal justice system. |
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