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Books > Law > Laws of other jurisdictions & general law > Criminal law
Immigration and School Safety utilizes a multidisciplinary approach to expose the complex relationship between immigration and school safety in the United States. It addresses not only individual, intrapersonal, and environmental factors but also distant-level conditions that are relevant to the experiences of immigrant children and connected to school safety. Twenty-five percent of all youth in U.S. schools have at least one immigrant parent, and that percentage is expected to increase to 33 percent by 2040. A wide array of factors, including but not limited to laws, public and political discourses, educational policies, interpersonal relationships, socioeconomic status, English language proficiency, citizenship, legal status, family characteristics, race and ethnicity, generational status, nationality, religion, and gender, contribute to the marginalizing experiences of children of immigrants at school. With the rapid growth of students in immigrant families in U.S. schools, any effort to address school violence and implement school safety policies must consider barriers associated with the unique educational experiences of that segment. This book highlights the often overlooked importance of immigration as a mediating factor in explaining both violence and victimization and provides a blueprint for integrating immigration and criminology theories into evidence-based efforts toward ensuring safety for all students. The authors demonstrate that immigration matters significantly in school violence and safety concerns and illustrate why research that integrates immigration with criminology theories is needed to understand the causes and correlates of school violence. The book will appeal to a wide array of individuals, including academics, educators, policymakers, practitioners, social workers, parents, and stakeholders who are committed to addressing educational disparities and inequities associated with immigration and school safety.
What kind of state emerges from the pandemic? The pandemic caused two crises, in biosecurity and in the economy. The state was forced to tackle both; but subduing one inevitably exacerbated the other. Emerging from the impossible task of handling two conflicting crises is a new form of state, the state to come. To outline the emerging state, this book offers an in-depth critical account of the state's responses to the biosecurity and the economic crises. It is thus the first study to address both crises ensuing from the pandemic, and to synthesise the responses to them in a comprehensive account of political power. Addressing biosecurity, the book deciphers its key modalities, epistemic premises, its law, the threat it aims to oppose and the ways in which it relates to public health and society - especially its extraordinary power to suspend society. Addressing the economic crisis, the book deciphers the actuality and prospects of both the economy and the state's economic policy. It claims that economic policy is now dual: it adopts countercyclical measures to serve and entrench a neoliberal economy. The responses to the twin crises inform the outline of the emerging state: its structure, logic and legality; its power and its relation to society. This is a state of extraordinary power; but its only purpose is to preserve the social order intact. It is a despotic state: powerful, and set to impose social stasis. This work offers ground-breaking analysis based on our pandemic experience. It is indispensable for critical scholars and students in Politics, Security Studies, Sociology, Law, Political Economy and Public Health.
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 addresses the discursive importance of the prosecution's opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
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.
Forensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense-especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a root-cause analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.
This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.
This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.
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.
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.
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.
Criminal Careers follows the lives and criminal behaviours of 2,397 people in Poland who as juveniles committed a crime and received a form of punishment from the juvenile court between the late 1980s and the year 2000. Through combining quantitative and qualitative research, their criminal careers, the differences between men and women, risk factors, and reasons for nondesistance are analysed. Uniquely, the authors have used an extensive database of former juveniles, in which as many as 40% were women. This book therefore makes a comparison between women and men in terms of their future life paths. Additionally, the researched group consisted of teenagers from two different periods: the 1980s (the transition generation) and 2000 (the millennial generation), which in the context of Central and Eastern European countries means that they entered adulthood in completely different realities. These differences are therefore also explored in depth within the book. By focusing on Poland, the book provides a different perspective to criminal career research, which is generally limited to a few countries in Western Europe and the United States. The book will be of great interest to academics and students who are developing their own research in the fields of criminal careers, juvenile delinquency, and antisocial behaviours by young people. It will also appeal to professionals, including juvenile judges, probation officers, staff in correctional facilities and social rehabilitation institutions, social workers and employees of nonprofit organisations that support juveniles, people in crisis, and prisoners or exprisoners.
1. This book contributes to research in the popular area of protest policing. However, unlike other books on the topic, this book considers specific police operational tactics, written by a police insider. 2. Courses on policing are popular at undergraduate, though this will be particularly useful reading for students on a professional policing degree.
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. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.
Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- "real judges" hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment. The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant's rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.
This book provides a socio-legal examination of the media's influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media's often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media's influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.
This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 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 license.
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.
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.
The political, economic and social transformations that have taken place in China over the last half-century have had a major impact upon the formal methods, institutions and mechanisms used to deal with alleged criminal infractions. This path-breaking book, based upon the largest and most systematic empirical inquiry ever undertaken in China, analyzes the extent to which changes to the formal legal structure have resulted in changes to the law in practice. With unprecedented access to prosecution case files, observation of live trials and interviews with judges, prosecutors and defence lawyers, the book paints a uniquely detailed picture of China's criminal justice system as it operates in everyday cases. Among the major themes explored are: bail; detention; torture; confessions; the role of police, prosecutors and judges; the work of defence lawyers; pre-trial and trial practice; and sentencing practices, including the death penalty. The book shows, through volumes of quantitative data and the voices of judges, prosecutors and defence lawyers, how the party-state continues to influence and control both the process and outcome of criminal trials through an elaborate system of audit and sanction, the result of which is a system of aggregate rather than individual justice. With a wealth of original empirical data, this book will be of significant interest to academics and postgraduate students in the general area of Chinese Studies, human rights, criminal justice and comparative criminal justice. Policy makers, politicians and development agencies will also find it invaluable. With contributions from: Satnam Choongh, Pinky Choy Dick Wan, Eric Chui Wing Hong, Ian Dobinson and Carol Jones
This book examines the social and legal regulation of domestic violence (DV) within the Kesarwani business community following the enactment of the Protection of Women from Domestic Violence Act 2005. It analyses the existence of the formal law in Kolkata and the relevance of the law in the familial lives of the Kesarwani community. The book offers a new conceptualisation of examining the relationship between formal law and social life. It provides a deep insight into how living with violence becomes a way of living and how the disposition to familial violence exists with social advantage and privilege. Explaining the functioning of the formal DV framework in non-legal terms as it exists on the paper, the book shows the ways in which this one law sought to democratise the family unit and overhaul the legal process in favour of DV victims in India. Most of all it hopes to show through the Kolkata study that caste and class, social structures that regulate and define social life globally, must remain critical to discussions of the social and legal regulation of DV in Kolkata, India or anywhere in the world. The book uses ethnography as a research methodology and traverses different locations in the Kesarwani community, and outside the community in Kolkata, to examine the relevance of the formal law in the lives of Kesarwani women. While the study is in India (and in a non-western context), the theme of the study - the social and legal regulation - remains relevant to contemporary debates on the efficacy of formal law in addressing coercive control in the western world. Notably, the book makes the formal domestic violence law legible for non-legal professionals by explaining the formal legal framework of domestic violence envisaged in the PWDVA. This book will be of interest to students and scholars of law, criminal justice, sociology, anthropology, women's studies, and political science. It will also appeal to social service providers and practitioners working in the area of domestic violence, legal regulation, social control of women, gender, caste, class and family business.
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 volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area. |
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