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.

This book examines the evolution of legal institutions in containing and tackling fraudulent activities plaguing payment systems ('payment fraud', e.g. forged cheques, wrongful payment instructions, etc.) in Asia, focusing on laws in Greater China and Singapore. In the past century, the payment system has invited much innovation, changing the modes of payments from exchanging cash and coins to the use of cards, wire transfers and other new types of payment instruments or services (e.g. bitcoins or QR code payments). As the nature of payment services is to move money from one place to another, it naturally attracts fraudsters. Even with advanced computer technology, payment fraud is still rampant in the market, causing billions of dollars in losses globally per annum. Through an examination of payment instruments and associated frauds over time, the book illustrates a shifting trend of legal solutions from criminal sanctions and civil compensation to a gradual focus on regulations of payment intermediaries. This trend reflects the complexity of payment systems and the challenge of protecting them. The book also identifies the underlying actors and institutional characteristics driving the evolution of legal institutions to deal with payment fraud and illustrates how the arrival of new technology may affect the market and thus the evolution of legal institutions. The book will help readers to better understand the interaction between technology, the market and law and help regulators, financial institutions, practitioners and end users, as well as about payment fraud and corresponding legal responses.

This book examines the evolution of legal institutions in containing and tackling fraudulent activities plaguing payment systems ('payment fraud', e.g. forged cheques, wrongful payment instructions, etc.) in Asia, focusing on laws in Greater China and Singapore. In the past century, the payment system has invited much innovation, changing the modes of payments from exchanging cash and coins to the use of cards, wire transfers and other new types of payment instruments or services (e.g. bitcoins or QR code payments). As the nature of payment services is to move money from one place to another, it naturally attracts fraudsters. Even with advanced computer technology, payment fraud is still rampant in the market, causing billions of dollars in losses globally per annum. Through an examination of payment instruments and associated frauds over time, the book illustrates a shifting trend of legal solutions from criminal sanctions and civil compensation to a gradual focus on regulations of payment intermediaries. This trend reflects the complexity of payment systems and the challenge of protecting them. The book also identifies the underlying actors and institutional characteristics driving the evolution of legal institutions to deal with payment fraud and illustrates how the arrival of new technology may affect the market and thus the evolution of legal institutions. The book will help readers to better understand the interaction between technology, the market and law and help regulators, financial institutions, practitioners and end users, as well as about payment fraud and corresponding legal responses.

Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims' access to justice over time and place, Victims' Access to Justice considers the potentialities for victims' participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims' needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.

This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990-2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.

Crisis Negotiations: Managing Critical Incidents and Hostage Situations in Law Enforcement and Corrections, the sixth edition, is an invaluable resource for mitigating, managing, or responding to high risk negotiation incidents. This revision includes the current research on negotiating high-risk incidents in the classroom and the field. It includes an applied analysis of the value of psychopathology to high-risk perpetrators. It refines the "empirical eclecticism" introduced in the fourth edition to provide a conceptual basis for crisis negotiations. The authors include summary bullet points at the end of each chapter for easy reference when negotiators are in the field and a review of the literature since the last edition appeared. Their discussion of the strategic planning process involved in high-risk negotiation incidents focuses clearly on the critical questions negotiators need to ask themselves about any high-risk incident and provides a practical approach to the psychology of individuals that engage in high-risk incidents. Known as "the bible" to experienced professionals in the field, this sixth edition of Crisis Negotiations is vital for practitioners as well as for criminology, criminal justice or psychology courses in crisis management, applied psychology, and special operations in law enforcement and corrections. Instructors will find it well supported by ancillary materials including discussion questions, slide presentations, and a test bank, as well as case studies and self-assessment quizzes for students, making it easy to develop a first-time course or to integrate it into an existing course.

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 book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

This book explores practical examples of co-production in criminal justice research and practice. Through a series of seven case studies, the authors examine what people do when they co-produce knowledge in criminal justice contexts: in prisons and youth detention centres; with criminalised women; from practitioners' perspectives; and with First Nations communities. Co-production holds a promise: that people whose lives are entangled in the criminal justice system can be valued as participants and partners, helping to shape how the system works. But how realistic is it to imagine criminal justice "service users" participating, partnering, and sharing genuine decision-making power with those explicitly holding power over them? Taking a sophisticated yet accessible theoretical approach, the authors consider issues of power, hierarchy, and different ways of knowing to understand the perils and possibilities of co-production under the shadow of "justice". In exploring these complexities, this book brings cautious optimism to co-production partners and project leaders. The book provides a foundational text for scholars and practitioners seeking to apply co-production principles in their research and practice. With stories from Australia, the United Kingdom, and Ireland, the text will appeal to the international community. For students of criminology and social work, the book's critical insights will enhance their work in the field.

This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods. The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries. The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies. Chapter 1 and 9 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 licence.

The book's narrative style makes it accessible to both general interest and specialist readers. Such as historians, political scientists and other social scientists, who will gain an understanding of the impact of police suppression on political speech, especially anti-war speech, in Japan. The book will be of very strong interest to anyone with an interest in Japan's evolution as a democratic society or the operation of Japan's legal system and to scholars and students of comparative law and peace studies. Little known outside Japan, and not well remembered within the country, in Repeta's capable hands the tale of victories, reversals, and limited vindication of the defendants offers a clear-eyed warning of the challenges to free speech faced by Japanese society today.

First published in 1976, Psychopath is a study of Patrick Mackay who, in 1974 - with a string of muggings and killings behind him - was on trial for murder and was imprisoned in November 1975. John Penycate and Tim Clark - responsible for the controversial BBC Panorama programme on Patrick Mackay's case - here take their investigation further and raise the important question of how the various responsible agencies which came into contact with him failed to see the danger and prevent these needless killings. Mackay passed through five mental institutions as well as approved schools, remand centres and homes. Twice he had been released from Moss Side Special Hospital - the North of England's equivalent to Broadmoor - against the advice of his doctors. Penycate and Clark show that the signs were there for all to see. They give a detailed account of Patrick Mackay's deterioration, from his turbulent childhood, through numerous suicide attempts, acts of violence and spells in mental and penal institutions, to his becoming London's most notorious 'mugger' and a multiple killer, culminating in the final maniacal axing of his friend Father Crean, illustrated here with Mackay's own words. This book will be of interest to students of criminology, psychology, penology, government, and media.

The book's narrative style makes it accessible to both general interest and specialist readers. Such as historians, political scientists and other social scientists, who will gain an understanding of the impact of police suppression on political speech, especially anti-war speech, in Japan. The book will be of very strong interest to anyone with an interest in Japan's evolution as a democratic society or the operation of Japan's legal system and to scholars and students of comparative law and peace studies. Little known outside Japan, and not well remembered within the country, in Repeta's capable hands the tale of victories, reversals, and limited vindication of the defendants offers a clear-eyed warning of the challenges to free speech faced by Japanese society today.

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.

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.

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.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim's rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.

Austerity has reconfigured and scaled back the governance and delivery of public services and negatively affected society's most vulnerable groups. This book opens up the closed world of English prisons to examine its impact on prison health governance and healthcare delivery. It argues that austerity has been a decade-long, large-scale political experiment that has caused debt to balloon, eroded the prison health system and perpetuated a cycle of punishment resulting in sicker prisoners. In short, austerity has violated prisoners' human rights. Drawing on interviews and data from existing longitudinal and economic analyses, the book demonstrates how austerity has resulted in high rates of recidivism, diminished what remains of the welfare state, and increased inequality and punitiveness. Despite a decade of failure, there is a marked political reluctance to dispense with austerity, and the governmental juggernaut continues to produce the same result. As the spectre of recession increases, caused in part by Brexit and COVID-19, these failures are ever more perilous. This book blends the interdisciplinary perspectives of criminology, public health, sociology, law, social policy, politics, and economics to enable greater understanding of the impact of austerity on health governance, prison healthcare, the prison workforce, and prisoners' health and safety. It challenges current policy, practice and thinking, and is a must read for anyone who wants to reflect on how the political economic structure can affect the governance and delivery of healthcare services in marginalised settings, beyond prisons, and indeed beyond England.

This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court's creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.

1. This book brings the large fields of policing and drugs together; two distinct areas rarely studied together. 2. This book also has a market among public health scholars, given the overlapping areas of interest.

This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.

This book offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. The fourth edition has been revised, updated, expanded and features a new expert co-author. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control, to diversity and discrimination, to the global dimensions of criminal justice, including organised crime and the role performed by transnational policing organisations to combat it. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance, and the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatisation, multi-agency working, community-based criminal justice policy and the impact of the Covid-19 pandemic on the delivery of criminal justice policy; a revised chapter that deals in detail with new and emerging forms of criminality and the response of the UK and global criminal justice system to these developments. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features include review questions, lists of further reading, timelines of key events and a glossary of key terms.

1. This books cuts across various subjects within criminology, including juvenile justice, sentencing and punishment, community corrections, and delinquency. 2. The books ethnographic approach makes this an engaging read, and could easily be set as reading on courses such as juvenile delinquency and community corrections. 3. Diversion is a big topic in youth and juvenile justice, and this book offers fresh and innovative new data.