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Books > Law > Laws of other jurisdictions & general law > Criminal law
Stories of cyberattacks dominate the headlines. Whether it is theft of massive amounts of personally identifiable information or the latest intrusion of foreign governments in U.S. government and industrial sites, cyberattacks are now important. For professionals and the public, knowing how the attacks are launched and succeed is vital to ensuring cyber security. The book provides a concise summary in a historical context of the major global cyber security attacks since 1980. Each attack covered contains an overview of the incident in layman terms, followed by a technical details section, and culminating in a lessons learned and recommendations section.
- Presents qualitative data, giving an insight into the everyday experience of overcrowded prisons. - Links a smaller ethnographic study with wider trends on European politics and penal policy. - Places the Italian case in the wider international context.
This book provides a focused discussion of how families are governed through technologies. It shows how states attempt to influence, shape and govern families as both the source of and solution to a range of social problems including crime. The book critically reviews family governance in contemporary neo-liberal society, notably through technologies of self-responsibilisation, biologisation, and artificial intelligence. The book draws attention to the poor working class and racialised families that often are marked out and evaluated as culpable, dysfunctional, and a threat to economic and social order, obscuring the structural inequalities that underpin family lives and discriminations that are built into the tools that identify and govern families. Filling a gap where disciplinary perspectives cross-cut, this book brings together sociological and criminological perspectives to provide a unique cross-disciplinary approach to the topic. It will be of interest to researchers, scholars and lecturers studying sociology and criminology, as well as policy-makers and professionals working in the fields of early years and family intervention programmes, including in social work, health, education, and the criminologically-relevant professions such as police and probation.
This timely book presents a critical look at the operation, theoretical basis, and possible reform of the rule against Hearsay in criminal trials. The main focus of the book is on English law, but references also are made to the legal position in a number of other jurisdictions. It is the first book to be published in England since 1950 on a very topical and controversial area of the law. It follows closely on the heels of the publication of the Law Commission's consultation paper on Criminal Hearsay.
Terrorism has become an everyday reality in most contemporary societies. In a context of heightened fear can juries be trusted to remain impartial when confronted by defendants charged with terrorism? Do they scrutinize prosecution cases carefully, or does emotion trump reason once the spectre of terrorism is invoked? This book examines these questions from a range of disciplinary perspectives. The authors look at the how jurors in terrorism trials are likely to respond to gruesome evidence, including beheading videos. The 'CSI effect' is examined as a possible response to forensic evidence, and jurors with different learning preferences are compared. Virtual interactive environments, built like computer games, may be created to provide animated reconstructions of the prosecution or defence case. This book reports on how to create such presentations, culminating in the analysis of a live simulated trial using interactive visual displays followed by jury deliberations. The team of international, transdisciplinary experts draw conclusions of global legal and political significance, and contribute to the growing scholarship on comparative counter-terrorism law. The book will be of great interest to scholars, students and practitioners of law, criminal justice, forensic science and psychology.
This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors' intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights.
In Road Traffic Liability in China: A View from Law and Economics, Yu Yan provides an in-depth analysis of the Chinese road traffic liability system, as well as other alternative accident prevention schemes from a view of law and economics. The analysis refers to the functioning of the system both on paper and in practice. The conclusion shows that the current Chinese traffic liability system can only achieve partial deterrence, and that the problems of under-compensation and insufficient risk-spreading seem to be serious, at least in the economically underdeveloped regions. Based on these findings, Yu Yan suggests specific legislative changes to be taken for the policymakers to improve the system.
First published in 1974, The American Prison Business studies the lunacies, the delusions, and the bizarre inner workings of the American prison business. From the first demonstration that the penitentiary is an American invention that was initiated by the late eighteenth-century reformers, to the startling revelations, in the chapter called 'Cheaper than Chimpanzees' of how pharmaceutical companies lease prisoners as human guinea-pigs, every page stimulates and surprises the reader as Jessica Mitford describes, inter alia the chemical, surgical and psychiatric techniques used to help 'violent' prisoners to be 'reborn'; why businessmen tend to be more enthusiastic than the prisoners they employ in the 'rent-a-con' plan; and the Special Isolation Diet which tastes like inferior dog food. Jessica Mitford's financial analysis of the prison business is a scoop. Her hard-eyed examination of how parole really works is a revelation. As the prison abolition movement continues to gain momentum, this book will provide food for thought for legislators, officials and students of sociology, law, criminology, penology, and history.
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.
This book merges philosophical, psychoanalytical and legal perspectives to explore how spaces of justice are changing and the effect this has on the development of the administration of justice. There are as central themes: the idea of transgression as the starting point of the question of justice and its archaic anchor; the relation between spaces of justice and ritual(s); the question of use and abuse of transparency in contemporary courts; and the abolition of the judicial walls with the use of cameras in courts. It offers a comparative approach, looking at spaces of justice in both the civil and common law traditions. Presenting a theoretical and interdisciplinary study of spaces of justice, it will appeal to academics in the fields of law, criminology, sociology and architecture.
As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.
Sexuality in the Swedish Police is based on the experiences of lesbian, gay and bisexual police officers and the author's observations of police work. Written at the intersection of organizational, gender and police studies, the book analyses how processes of exclusion and inclusion of LGB sexuality coexist in the Swedish police, how these processes are related to the culture and characteristics of police work, and how police management attempts to create an inclusive organisation. How and under what conditions does the exclusion and inclusion of LGB officers and LGB sexuality take place in the Swedish police? By delving into this question, the author seeks to answer, among other things, how it is that there are so few openly gay male police officers and how barriers to inclusion can be understood. The book contributes to a better understanding of the problems and activities associated with diversity issues, particularly with a focus on sexual orientation, but also more generally; many of the insights in the book can be used to understand the inclusion and exclusion of other groups in society. A key insight from the book is that inclusion and exclusion are collective processes characterized by struggle, a struggle that according to the author can be understood through the concept of "peripheral inclusion". Sexuality in the Swedish Police will be of great interest to scholars and students as well as practitioners with an interest in diversity issues and policing. The book is also relevant to those working in or interested in diversity, inclusion and equality in other similarly "masculinized" organizations, such as the armed forces and certain sports organisations.
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 Routledge Handbook on Africana Criminologies plugs a gaping hole in criminological literature, which remains dominated by work on Europe and settler-colonial locations at the expense of neocolonial locations and at a huge cost to the discipline that remains relatively underdeveloped. It is well known that criminology is thriving in Europe and settler-colonial locations while people of African descent remain marginalized in the discipline. This handbook therefore defines and explores this field within criminology, moving away from the colonialist approach of offering administrative criminology about policing, courts, and prisons and making a case for decolonizing the wider discipline. Arranged in five parts, it outlines Africana criminologies, maps its emergence, and addresses key themes such as slavery, colonialism, and apartheid as crimes against humanity; critiques of imperialist reason; Africana cultural criminology; and theories of law enforcement and Africana people. Coalescing a diverse range of voices from Africa and the diaspora, the handbook explores outside Eurocentric canons in order to learn from the experiences, struggles, and contributions of people of African descent. Offering innovative ways of theorizing and explaining the criminological crises that face Africa and the entire world with the view of contributing to a more humane world, this groundbreaking handbook is essential reading for criminologists and sociologists worldwide, as well as scholars of Africana studies and African studies.
- brings together researcher and practitioner perspectives. - explores these issues on a local and global level - provides critical reflections around how sexual violence is framed and responded to within the Criminal Justice system.
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.
Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.
This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.
The establishment of 'new police' forces in early Victorian England has long attracted historical enquiry and debate, albeit with a general focus on London and the urban-industrial communities of the Midlands and the North. This original study contributes to the debate by examining the nature and process of police reform, the changing relationship between the police and the public, and their impact on crime in Cambridge, a medium-sized county town with a rural hinterland. It argues that the experience of Cambridge was unique, for the Corporation shared co-jurisdiction of policing arrangements with the University, and this fractious relationship, as well as political rivalries between Liberals and Tories, impeded the reform process, although the force was certified efficient in 1856. Case studies of the careers of individual policemen and of the crimes and criminals they encountered shed additional light on the darker side of life in early Victorian Cambridge and present a different and more nuanced picture of provincial police reform during a seminal period in police history than either the traditional Whig or early revisionist Marxist interpretations implied. As such, it will support undergraduate courses in local, social, and criminal justice history during the Victorian period.
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.
This research monograph provides a comparative analysis of juvenile court outcomes, exploring the influence of contextual factors on juvenile punishment across systems and communities. In doing so, it investigates whether, how, and to what extent macro-social context influences variation in juvenile punishment. The contextual hypotheses under investigation evaluate three prominent macro-sociall theoretical approaches: the conflict-oriented perspective of community threat, the consensus-oriented perspective of social disorganization, and the organizational perspective of the political economy of the juvenile court. Using multilevel modeling techniques, the study investigates these macro-social influences on juvenile justice outcomes across nearly 500 counties in seven states-Alabama, Connecticut, Missouri, Oregon, South Carolina, Texas, and Utah. Findings suggest that the contextual indicators under investigation did not explain variation in juvenile court punishment across communities and systems, and the study proposes several implications for future research and policy. This monograph is essential reading for scholars of juvenile justice system impact and reform as well as practitioners engaged in youth policy and juvenile justice work. It is unique in taking a comparative perspective that acknowledges that there is no one juvenile justice system in the United States, but many such systems.
This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.
This book illustrates current cyber laundering practices and the underlying risks associated with them, such as cross-border crimes and terrorism financing. Despite the existence of international regulations and strong worldwide cooperation, countermeasures and international response efforts are often hindered by enforcement and jurisdictional issues, as well as online asset recovery complexity.This work investigates the blockages to the accomplishment of cyber laundering regulation and enforcement at the international level. It provides strong legal recommendations for fostering the construction of more efficient means of implementation. |
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