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.

This book provides a critical analysis of criminological scholarship in Malaysia, presenting a focused exploration of the key qualities and limitations to studies on crime, deviance, victimization and criminal justice in this country. This text connects contemporary crime problems with historical legacies such as the impact of colonialism and the influence of ethno-nationalism and authoritarianism in the region. Conflict and tension created by legal pluralism is illustrated via three case studies exploring apostasy, Islamic rehabilitation centres, and retention and use of the death penalty. In addition to a critique of contemporary Malaysian criminological scholarship, Towards a Malaysian Criminology suggests a composite, critical criminological approach to guide future research. This approach draws on theoretical traditions in critical race theory, critical realism, ultra-realism and the emerging field of Islamic critical realism. Given the multidisciplinary nature of the discipline, this text will appeal to scholars of criminology, sociology, law, politics and Islamic theology.

* Logically organized, country-by-country approach makes it easy to compare and draw parallels between countries * Demonstrates how researchers and policymakers, who heavily rely on crime numbers, need to use care in interpreting those statistics * Helps develop a cross-cultural understanding of police practices

* Logically organized, country-by-country approach makes it easy to compare and draw parallels between countries * Demonstrates how researchers and policymakers, who heavily rely on crime numbers, need to use care in interpreting those statistics * Helps develop a cross-cultural understanding of police practices

The new edition of 'Unlocking Criminal Law' provides coverage of the Criminal Law curriculum, presented in an innovative, visual format, as well as detailing the latest measures introduced in 2020 in the wake of the Covid-19 crisis. Supported by a website which offers students a host of additional practice opportunities and supporting materials, including a testbank of multiple choice questions designed to help prepare students for the forthcoming Solicitor Qualifying Examination. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost student confidence. They are ideal as either core reading or as a supplement to a denser textbook.

This book is a biographical history of Rottnest Island, a small carceral island offshore from Western Australia. Rottnest is also known as Wadjemup, or "the place across the water where the spirits are", by Noongar, the Indigenous people of south-western Australia. Through a series of biographical case studies of the diverse individuals connected to the island, the book argues that their particular histories lend Rottnest Island a unique heritage in which Indigenous, maritime, imperial, colonial, penal, and military histories intersect with histories of leisure and recreation. Tracing the way in which Wadjemup/Rottnest Island has been continually re-imagined and re-purposed throughout its history, the text explores the island's carceral history, which has left behind it a painful community memory. Today it is best known as a beach holiday destination, a reputation bolstered by the "quokka selfie" trend, the online posting of photographs taken with the island's cute native marsupial. This book will appeal to academic readers with an interest in Australian history, Aboriginal history, and the history of the British Empire, especially those interested in the burgeoning scholarship on the concept of "carceral archipelagos" and island prisons.

At a critical time for the identity and policy direction of the EU, this Handbook examines the dynamics behind the development of the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP). The Handbook includes chapters from renowned scholars that examine the efficacy and visibility of the EU as a diplomatic, military and civilian actor in a turbulent world. The authors? original contributions address the impact that existing frameworks, structures and procedures have on the effectiveness of the EU as an international actor and consider the legal challenges to the EU's integrated approach to external action. The Research Handbook on the EU?s Common Foreign and Security Policy brings together scholars from different areas of law (EU and international law) and from the political science field. The interdisciplinary approach makes it essential reading for scholars of law, political science and international relations. Policymakers and all those with an interest in the workings of the EU?s legal services will also find this an insightful resource. Contributors include: S. Blockmans, M. Broberg, M.E. Canamares, M. Cremona, A. de Ruijter, E. Denza, H. Dijkstra, S. Duke, C. Eckes, D. Fiott, J. Heliskoski, C. Hillion, A.E. Juncos, U. Khaliq, J. Klabbers, T. Konstadinides, P. Koutrakos, D. Mantzari, S. Marquardt, J. Odermatt, A. Ott, A. Skordas, G. Van Der Loo, P. Van Elsuwege, R.A. Wessel

The purpose of this edited volume is to examine the disconnect in the sexual violence prevention field between legislation, research and practice. The work is focused primarily on United States policies and initiatives, with key case studies internationally. Contributions show that current policies are mainly based on repeat offenders: residence restrictions, registration and notification statutes, and post-sentence initiatives. While these initiatives address public fears, they are not evidence-based and do not necessarily reduce offending. Research shows that post-sentence policies may destabilize offenders and limit their ability to reintegrate with society at a critical period, therefore increasing the chances of recidivism. Furthermore, the majority of sex crimes (95%) are committed by first time offenders. This innovative book is divided into two parts juxtaposing what is currently being done legislatively with what the research evidence suggests would be best practice.

This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Ronning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.

- explores education in a prison setting from the perspective of the learners themselves. - examines how prisoners conceive their experiences in their own words. - adds further weight to existing 'beyond employability' discourse, which looks at 'other' or 'soft' outcomes of educational experiences in the prison setting.

Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims' experiences of preparing and submitting statements, justice professionals' experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.

This book is the first Australian study, based on extensive fieldwork, of the personal backgrounds and processes by which juveniles get drawn into risky and violent situations that culminate in murder. Drawing on interviews with every juvenile under sanction of life imprisonment in the State of South Australia (2015-2019), it investigates links in the chain of events that led to the lethal violence that probably would have been broken had there been appropriate intervention. Specifically, the book asks whether the existing criminal justice frame is the appropriate way to deal with children who commit grave acts. The extent to which prison facilitates and/or inhibits the mental, emotional, and social development of juvenile 'lifers' is a critical issue. Most - if not all - will be released at some point, with key issues of risk (public protection) and rehabilitation (probability of desistance) coming sharply to the fore. In addition, this book is also the first to capture how significant others including mothers, fathers, grandparents, and siblings are affected when children kill and the level of commitment these relatives have towards supporting the prisoner in his or her quest to build a positive future. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, andpenology; practitioners working in social policy; and all those interested in the lives and backgrounds of juvenile offenders.

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police-those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt's intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone.

Debates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both 'things we tend to get worried about'. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of 'drugs' and 'childhood', the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the 'politics of childhood' for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and 'youth' is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, 'drugs' serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

This book examines the phenomenon of 'grand corruption' in Kuwait and the pattern in the wider region. Taking an interdisciplinary approach, the work places corruption in its sociological, political and economic context to explore the relationship between the characteristics of Kuwait as a state with an endemic corruption problem. It then focuses on laws and regulations as key problem-solving mechanisms. In doing so, it identifies, explores, and assesses the existing counter-corruption laws and regulations in Kuwait in a broad socio-political-economic context. The work goes beyond doctrinal legal research, employing empirical methodology based on semi-structured interviews with elite politicians and professional experts from criminal justice and non-governmental organisations (NGOs). These valuable and original insights are reflected upon throughout the study. The grand corruption that permeates the tier of high-profile officials in Kuwait is replicated in many developing countries where accountability mechanisms regularly suffer from lack of enforcement. The appeal of this book is its application to numerous jurisdictions, and the Gulf Cooperation Council (GCC) countries and Middle East in particular. It will be a valuable resource for academics, researchers, and policymakers working in the areas of financial crime and corruption.

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.

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people's freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon's theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP's leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP's legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

Drawing on in-depth research, including interviews with former and serving detectives, this book explores how homicide investigation in England and Wales has changed since the 1980s and the opportunities and challenges that have arisen as a consequence. The investigation of homicide in England and Wales became subject to significant reform in the 1980s, when the inquiry into the Yorkshire Ripper investigation identified numerous failings in how the hunt for Peter Sutcliffe was conducted. These investigations have been subject to criticism and change from that moment onwards. This book explores how change has shaped every facet of these investigations, with four main areas identified: science and technology; legislation, regulation and guidance; investigative practice; and lastly, detective status and culture. The work shows that change has been the result of four primary catalysts: a growing preoccupation with risk, the changing political landscape, reactions to miscarriages of justice and other cases, and advances in science and technology. What has been lost and gained as a result of change is also explored. It has, in many ways, been positive as scientific and technological advances allow investigators to plot an offender's movements and draw a clearer picture of what transpired. However, change has created today's more risk-averse homicide detectives, who must manage the vast amounts of technological information that modern-day investigations now generate. They must also contend with a raft of legislation and guidance that now govern investigations and budget pressures not faced by their predecessors. The book will be a valuable resource for students, researchers and policymakers in the areas of criminal law and procedure, criminal justice, criminology, and policing.

This book uses the Canadian cannabis legalization experiment, analyzed in the historical context of wider drug criminalization in Canada and placed in an international perspective, to examine important lessons about the differential implementation of federal law in jurisdictions within federalist constitutional democracies. Utilizing a socio-legal, interdisciplinary methodology, the work provides a comprehensive history of Canada's federal drug policy and engages in a critical appraisal of its provincial implementation. It also presents a significant international and comparative component, bringing in analyses of the status of drug legalization in other federalist constitutional democracies. Readers of the book will thus gain a comprehensive knowledge of drug legalization in federalist constitutional democracies. They will also better understand the political and cultural factors that impact upon differential implementation of federal law in individual jurisdictions, including, but not limited to, legacies of racism and stigmatization of drug use. Using the experience of Canada and other countries, future challenges and lessons to be learned for states considering federal drug legalization are analyzed and explained. The book will be a valuable resource for students, academics and policy-makers in the areas of Criminal Law, Constitutional Law, Criminology, Socio-Legal Studies, Indigenous Studies, and Drug and Health Policy Studies.

Develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe, and analyses the implications of actors pursuing political objectives through legal means. Will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.

This important book addresses the broader legal, policy and regulatory issues confronting the international community in its search for effective methodologies to combat money laundering and terrorist financing. New threats must always be met with new regulatory and compliance approaches. Alongside an original introduction to the area, which critically examines the 2012 revision to the Financial Action Task Force, the editor has selected key papers that focus on compliance perspectives, in assessing the task, including work examining the recent shift from a rule-based to a risk-based approach. This book is an essential source of reference for anyone interested in this dynamic field.

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.