This book descibes in detail the development of substantive criminal law during the nineteenth and early twentieth centuries. The author examines the forces which shaped criminal jurisprudence throughout the course of this period, paying particular attention to the activities of legislators and reformers, to parallel developments in the study of punishment and human psychology, to general social and political changes and to the growth of an organised police force and its reliance upon formal rules of proceedure and evidence.

This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. From Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners' memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies, History, Law, Legal History and Literary Studies, to shed new light on execution culture in nineteenth century Britain. This volume will be of interest to students and academics in the fields of criminology, heritage and museum studies, history, law, legal history, medical humanities and socio-legal studies.

'Rough sex' has been at the forefront of criminal law in recent years following several high-profile murders of women killed during alleged consensual sex 'gone wrong', leading to widespread calls for reform to prevent the use of what has been termed the 'rough sex defence.' Situated in a global context in which violence against women is one of the leading preventable contributors to death and illness for women aged 18-44 worldwide, this timely collection examines the rough sex defence and responds to some of the wider debates around sex and the law. Drawing on a range of empirical and theoretical standpoints, chapters delve into a range of topics including the female experience of 'unwanted' slapping, choking and spitting during sex, the BDSM community, the impacts of pornography, the normalization and sexualization of violence against women, early depictions of BDSM involving the eroticization of non-consensual relations, problematic perceptions of BDSM as inherently violent, and more. Bows and Herring expertly collate a wide-reaching mix of perspectives to contribute to a powerful feminist investigation of this critical issue. It is a compelling read for scholars interested in the intersection of sex, the law, and the criminal justice system.

Earth jurisprudence will profit from utilising the breadth of academic work produced within the green criminology academic arena. Building upon work to explore the differences and similarities in the theoretical underpinnings of both disciplines and concluding by calling for greater cross-collaboration, Green Criminology and Earth Jurisprudence will be of great interest to scholars and students across Law, Environmental Studies, and Criminology.

Bringing together a variety of diverse international contributors from the Convict Criminology community, Convict Criminology for the Future surveys the historical roots of Convict Criminology, the current challenges experienced by formerly incarcerated people, and future directions for the field. Over the past two decades research has been conducted in the field of Convict Criminology, recognizing that the convict voice has long been ignored or marginalized in academia, criminal justice practice, and public policy debates. This edited volume provides a much-needed update on the state of the field and how it has evolved. Seven primary themes are examined. Historical underpinnings of Convict Criminology Adaptations to prison life Longstanding challenges for prisoners and formerly incarcerated people Post-secondary education behind bars The expansion of Convict Criminology beyond North America Conducting scholarly research in carceral settings Future directions in Convict Criminology A global line up of contributors, from the fields of Criminology, Criminal Justice, Law, Political Science, and Sociology, comprehensively tackle each topic, reviewing causes, reactions, and solutions to challenges. The volume also includes a chronology of significant events in the history of Convict Criminology. Integrating current events with research using a variety of methods in scholarly analysis, Convict Criminology for the Future is invaluable reading for students and scholars of corrections, criminology, criminal justice, law, and sociology.

From an author praised by the Wall Street Journal for his "eye for a good story" comes an account of the Herbert Fuller tragedy of 1896, a tragedy that occurred on the high seas and involved the senseless slaughter of three of the twelve souls on board. Stunned by this act of random violence, and in sure knowledge that one or more of their own was the murderer, the living turn the vessel to shore, 750 miles distant. In the nightmarish days and nights of suspense that follow, first one and then another of the remaining nine is seized by others as the culprit. Upon reaching port, however, all are under suspicion--until the man most likely to have committed the act is, for reasons having to do with race, exonerated and the man most likely to be innocent, prosecuted. At the center of this gripping and gruesome story is the first mate, Thomas Bram, whose subsequent murder trials became as widely followed by the press and public as was the famous trial of Lizzie Borden just a few years before. Unlike the Borden case, remembered today in books, movies, and children's rhymes, the Bram case was almost lost to the collective memory. Fortunately, C. Michael Hiam, in the manner of Erik Larson, now brings it to life.

The recent European Council Directive 114/08 requested the EU Member States to perform an assessment aimed at the identification and designation of the so-called European Critical Infrastructures (ECI). Every analysis of the results of the "first round" of identifications and designations has only taken into account the numbers of ECIs effectively designated, consequently leaving aside all of the other elements related to this important path towards a harmonized vision of the "European Security." This work, with its unprecedented approach, focuses on the elements that have maximized or frustrated the ambitious European objectives and on the issues that might have prevented the directive reaching its full potential. Furthermore, the study offers an in-depth perspective on the lessons learned - including those that can be learned from the US pre-post 9/11 CIP policies - as well as an assessment of the state of play of the Member States after the implementation of the directive, together with predictions for future challenges.

Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to nacro-trafficking, domestic terrorism, and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.

In this provocative new book, Richard Ericson and Kevin Haggerty contend that the police have become information brokers to institutions such as insurance companies and health and welfare organizations that operate based on a knowledge of risk. In turn, these institutions influence the ways that police officers think and act. A critical review of existing research reveals the need to study police interaction with institutions as well as individuals. These institutions are part of an emerging "risk society" where knowledge of risk is used to control danger. The authors examine different aspects of police involvement; the use of surveillance technologies and the collection of data on securities, careers and different social, ethnic, age and gender groups. They conclude by looking at how police organizations have been forced to develop new communications rules and technologies to meet external demands for knowledge of risk. This is the first book in this field to include detailed evidence of some of the central tenets of the risk society. It also includes a sophisticated examination of the risk society theory that will advance readers' knowledge considerably. This book is intended for

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 presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions among European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness for the victims of miscarriages of justice and being acceptable for jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables us to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

In the late 1980s, the role of the police and their accountability to the community had been at the centre of much debate. Originally published in 1989, this important collection of original essays from the leading independent academic researchers on the police in Britain addresses the major issues in this debate. How far police behaviour is shaped by law; what the public expect of the police; how the police handle race relations; and how the police effectiveness can best be measured, are discussed in the light of the latest research. The central focus of the volume is the notion of 'policing by consent' and the way this is interpreted in practice. The essays range from basic analyses of what the police do to major evaluations of recent policy initiatives, such as neighbourhood watch. The contributors discuss a range of issues, from new programmes for police training to the role of chief constables. Written in a form accessible to students of policing and police officers, Coming to Terms with Policing sheds light on trends at the time and suggests new directions for policing policy.

Originally published in 1951, The British Police describes the different types of police force, the powers and functions of local police authorities, the ways in which control from the centre is exercised, and the effect of the Local Government Boundary Commission's proposals on police areas at the time. Special emphasis is placed on what happens in practice and not only in theory, and on developments during and after the second world war. Chapters are included on (amongst other things) the special position of the Metropolitan Police Force, emphasizing the independence of the 'Yard' from the Home Secretary's control; on recruitment, training, promotion, and the police college; pay and conditions of service, and policewomen. At the time of first publication the work was intended to be of use to university students in the Social Sciences who had previously had no up-to-date book to reply on; it would also have interested the general reader by attempting to answer such questions as to whether the local basis of the British police service was - as was so often claimed - the key to the good relations of the police with the public and one of the great safeguards of personal liberty in Britain. Today it can be read and enjoyed in its historical context.

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

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

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.

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

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

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.

Modern police forces are large and complex organisations, expected to perform a diversity of tasks and are under pressure to account for their activities in ways which satisfy a variety of constituencies. Originally published in 1986, this book documents some of the changing demands and pressures on the police at the time. It shows how the police were responding and assesses the extent to which they were open-minded and receptive to change. The book brings together in one place and critically reviews information on a considerable number of police operational and management initiatives. It describes and assesses recent innovations and experiments in two main areas: patrol and crime prevention. It describes attempts to make the police more efficient and effective and to measure the results of what they do. It documents the interest of central government in what the police do and shows how this can affect police operational priorities. Throughout, this book is concerned to analyse police practice and attitudes and to set them against a wider background of pressures to improve police effectiveness.

To ensure a fair criminal trial, effective sentencing advocacy is needed in every stage of prosecution, from investigation through plea, trial and sentencing hearings. With fewer criminal cases proceeding to trial, advocacy is increasingly critical for both prosecutors and defense attorneys and can determine whether or not a defendant receives an appropriate sentence. Here is a volume that comprehensively describes the steps to effective sentencing advocacy, addressing not only terms of imprisonment or probation, but fines, forfeiture, restitution and other collateral sentencing consequences. It emphasizes approaching sentencing advocacy holistically, treating it as a key component of attorney advocacy in every criminal case. Covering the fundamental sentencing procedures and concepts, it describes where and how attorneys can use advocacy to advance their clients' goals. It also explains aspects of sentencing that otherwise may appear too complex to a novice criminal practitioner. Importantly, this is not a book on sentencing law, although it addresses legal sentencing issues as they pertain to sentencing advocacy. Rather, the focus is on teaching attorneys how to use advocacy to achieve the best sentence for their clients.

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.

By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed crimmigration under international protection, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on a comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification; and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of Criminal law and Criminology, Immigration law, Citizenship Studies, Globalization Studies, Border Studies and Critical Refugee Studies.

The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

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