Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

In exploring the criminalization of corporations, this book uses the landmark "Ford Pinto case" as a centerpiece for exploring corporate violence and the long effort to bring such harm within the reach of the criminal law. Corporations that illegally endanger human life now must negotiate the surveillance of government regulators and risk civil suits from injured parties seeking financial compensation. They also may be charged with criminal offenses and their officials sent to prison.

In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, the Lux leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests. Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will be of interest to both international policymakers and consultants as well as their counterparts in Germany for instance working on improving the instruments to fight organized crime and prevent the financing of terrorism through money laundering. The complexity of the anti-money laundering regime and all the variables are exhaustively and critically reviewed in the assessment, thereby providing complete instructions for future legislative steps. The case study regarding the situation in Germany maximizes readers' insights into concrete effects of the implementation of international anti-money laundering standards at a national level, and the opinions of professionals working in the field and of experts on the law-making process are also illuminating. Moreover, the book equips non-German speakers with the information needed to deal with the extensive German legal scholarly production on article 261 of the German criminal code and the current internal political debate on the matter. Verena Zoppei is a Fellow Researcher at the International Security Division of the German Institute for International and Security Affairs in Berlin. Specific to this book: * Broadens your understanding of the complexity of the anti-money laundering regime * Provides complete instructions for future legislative steps * Offers a qualitative and multidisciplinary approach of the money laundering offence * Also equips non-German readers/speakers with a handle on the extensive German legal scholarly production on article 261 of the German criminal code This is Volume 12 in the International Criminal Justice Series

This reference guide documents white-collar crimes by individuals and businesses over the past 150 years, offering the most comprehensive array of documents and interpretations available. From Gilded Age railroad scandals to the muckraking period and from the Savings and Loan debacle to corporate fallout during the recent economic meltdown, some individuals and companies have chosen to take the low road to achieve "the American dream." While these offenders throughout modern history may have lacked ethics, morals, or good judgment, they certainly were not wanting in terms of creativity. White-Collar and Corporate Crime: A Documentary and Reference Guide traces the fascinating history of white-collar and corporate criminal behavior from the 1800s through the 2010 passage of the Dodd-Frank financial reform measure. Author Gilbert Geis scrutinizes more than a century of episodes involving corporate corruption and other self-serving behaviors that violate antitrust laws, bribery statutes, and fraud laws. The various attempts made by authorities to rein in greed and the methods employed by wrongdoers to evade these controls are also discussed and evaluated. Provides dozens of court documents, legislative hearing transcripts, muckraking articles, and accounts of crooked behavior in the upper echelons of power Contains numerous photographs that illustrate the subject material Includes a bibliography in each section that directs readers to supplementary sources

Whether criminologists position themselves in the "left" or "right" of the field, the reality common to their work involves a reconsideration of virtually all of our past theoretical journeys in criminology. This book captures the range of criminological thinking today, and provides a picture of a dynamic discipline in transition. Chapters consider contemporary theoretical development and discussion, focusing on street crime, youth and identity, and crime and social control in relation to questions of gender, class, race, learning, and culture. While there is disagreement among the authors about whether criminologists are developing "new" theory or circulating "old" theory, their contributions in this reader demonstrate the emerging plurality in criminological discourse, revealing continuities and discontinuities between "old" and "new."

Speaking Ill of the Dead: Jerks in Idaho History features fourteen short profiles of notorious bad guys, perpetrators of mischief, visionary if misunderstood thinkers, and other colorful antiheroes from the history of the Gem State. It reveals the dark side of some well-known and even revered characters from Idaho's past-both part-time Jerks and others who were Jerks through and through. They include: Ezra Pound, native Idahoan and celebrated poet, who followed the slippery slope of socialism into full-on fascism, became a sycophant of Hitler and Mussolini, and eventually stood trial in the US for treason. Lyda Shaw, Idaho's most notorious serial killer, whose marry-and-bury modus operandi enabled her to make a literal killing on her late husbands' life insurance policies. Caleb Lyon, the second territorial governor of Idaho, who used his social prominence and political connections to make a very comfortable living (sometimes shored up with his own embezzled funds), dodging any of the actual duties that came with his political appointments, and doing precious little else.

Western philosophy's relationship with prisons stretches from Plato's own incarceration to the modern era of mass incarceration. Philosophy Imprisoned: The Love of Wisdom in the Age of Mass Incarceration draws together a broad range of philosophical thinkers, from both inside and outside prison walls, in the United States and beyond, who draw on a variety of critical perspectives (including phenomenology, deconstruction, and feminist theory) and historical and contemporary figures in philosophy (including Kant, Hegel, Foucault, and Angela Davis) to think about prisons in this new historical era. All of these contributors have experiences within prison walls: some are or have been incarcerated, some have taught or are teaching in prisons, and all have been students of both philosophy and the carceral system. The powerful testimonials and theoretical arguments are appropriate reading not only for philosophers and prison theorists generally, but also for prison reformers and abolitionists.

As a growing number of nations embark on a path to democracy, criminologists have become increasingly interested and engaged in the challenges, concerns, and questions connecting democracy with both crime and criminal justice. Rising levels of violence and street crime, white collar crime and corruption both in countries where democracy is securely in place and where it is struggling, have fuelled a deepening skepticism as to the capacity of democracy to deliver on its promise of security and justice for all citizens. What role does crime and criminal justice play in the future of democracy and for democratic political development on a global level?

The editors of this special volume of The Annals realized the importance of collecting research from a broad spectrum of countries and covering a range of problems that affect citizens, politicians, and criminal justice officials. The articles here represent a solid balance between mature democracies like the U.S. and U.K. as well as emerging democracies around the globe specifically in Latin America, Africa and Eastern Europe. They are based on large and small cross-national samples, regional comparisons, and case studies.

Each contribution addresses a seminal question for the future of democratic political development across the globe. What is the role of criminal justice in the process of building democracy and instilling confidence in its institutions? Is there a role for unions in democratizing police forces? What is the impact of widespread disenfranchisement of felons on democratic citizenship and the life of democratic institutions? Under what circumstances do mature democracies adopt punitive sentencing regimes? Addressing sensitive topics such as relations between police and the Muslim communities of Western Europe in the wake of terrorist attacks, this volume also sheds light on the effects of terrorism on mature democracies under increasing pressure to provide security for their citizens.

By taking a broad vantage point, this collection of research delves into complex topics such as the relationship between the process of democratization and violent crime waves; the impact of rising crime rates on newly established as well as secure democracies; how crime may endanger the transition to democracy; and how existing practices of criminal justice in mature democracies affect their core values and institutions.

The collection of these insightful articles not only begins to fill a gap in criminological research but also addresses issues of critical interest to political scientists as well as other social and behavioral scientists and scholars. Taking a fresh approach to the intersection of crime, criminal justice, and democracy, this volume of The Annals is a must-read for criminologists and political scientists and provides a solid foundation for further interdisciplinary research. "

aA lively, smart, combative collection, brimful of ideas and insights, this book takes on athe war on crimea and shows how America might move beyond it.a
--David Garland, author of "The Culture of Control"

aThis brave book challenges us, urgently, to rethink crime and punishment for the 21st century. It is not by accident that the US became the worldas largest incarcerator in just thirty-five years. After the War on Crime exposes how structural inequalities based on race and class and written into our laws, institutions and everyday practices have blackened our jails and prisons and reproduced segregated communities inside and out.a
--Susan Tucker, Director, The After Prison Initiative, Open Society Institute

Since the 1970s, Americans have witnessed a Pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging towards declaring victory and moving on.

However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of socialinstitutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.

It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volumeas immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.

This collection of short, action-filled stories of the Old West's most egregiously badly behaved female outlaws is a great addition to Western author Robert Barr Smith's books on the American frontier. Pulling together stories of ladies caught in the acts of mayhem, distraction, murder, and highway robbery, it includes famous names like Belle Starr and lesser known characters as well. The book also contains archival illustrations and photographs.

This book presents the latest research and novel case studies on crime and corruption in the tourism and hospitality industry. It approaches tourism as both a globalised business impacting the livelihood of millions of people, and a highly challenging field of action for national legislators and law enforcement agencies. The global nature and ubiquity of tourism, as well as the core elements of the holiday experience - such as interactions with unknown environments and places, a care-free mind-set, novelty-seeking behaviour and anonymity - render it highly susceptible to victimisation, crime and corruption. Accordingly, the book addresses a comprehensive set of emerging issues, including: conflict and fraud during holidays; criminal and negligence offences at tourists' expense; exploitation and mistreatment of service workers; deterioration of heritage, cultural and natural resources; and securitisation of tourism.

This book provides critically examines how recent international developments in victims theory and policy are experienced within specific local contexts. The chapters approach key criminological issues including the experience of criminal justice agencies, policy formulation, the construction of victim identities and the 'discovery' of new victims.

Judges and courts do a considerable amount of harm in applying some criminal laws and policies, such as the felony murder rule, mandatory sentences, and the drug war. These and other positivist policies do not lessen crime, but instead, teach criminogenic messages contrary to what a magisterial criminal policy would teach. American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including criminals themselves. The source of this lies both in judicial passivity and legislative indifference. Judge Gerber expresses his confidence that a justice-oriented system can be achieved when politicians surrender control of the justice system to professionals in the field.

American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including the criminals themselves. These wrong lessons include mathematical and mandatory sentencing, plea bargaining, the death penalty, the felony murder rule, marijuana prohibitions, the drug war, and the penchant for solving crime by building more and bigger prisons. The source of these harms lies both in judicial passivity and legislative indifference to the costs and shortcomings of anti-crime policies, usually because of nothing but electoral concerns. The result is a system of laws and policies that really have little to do with lessening crime but much to do with politics. The book contrasts this positivist criminal justice system with a justice-oriented magisterial system which Judge Gerber believes, can be achieved if politicians surrender control of the justice system to professionals and experts in that field. This book has applications for academic as well as professional use and will also be of interest to some general readers who are interested in the legal system.

This is the first comprehensive account of President Herbert Hoover's policies to reform federal criminal justice administration. Beginning with the first words in his inaugural address, Hoover informed the public that a high priority of his administration would be to insist upon reorganization, qualitative improvement, new efficiencies, and formal study of justice system organizations in the federal system. Calder examines Hoover's background and affinity for justice system reform, the campaign trail and crime control issues of 1928 and 1929, intellectual and practitioner resources, the Wickersham Commission, and the reforms of the federal law enforcement, court, and prison systems. Drawing upon extensive primary source collections, this book provides a thorough examination of the Hoover initiatives and assesses their impact on later federal policy. It will be of considerable interest to political scientists, social historians, and those involved in criminal justice programs.

Originally published in 1901. Author: Havelock Ellis Language: English Keywords: Psychology Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. Obscure Press are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Why do our night-time cities seem to mix pleasure with violence? This is the time and place when cities are taken over by young men in search of alcohol, drugs, another club or a fight. Current public policy has patently failed to keep on top of the new trends in both consumption and destruction which make urban centres simultaneously seductive and dangerous. Violent Night uses powerful insider accounts to uncover the underlying causes and meanings of violence. Interviews with the police, the perpetrators and the victims of violence reveal the complex emotions that surround both the perpetration and resolution of crime. Violent Night shows that a new approach is needed to successfully rehabilitate a culture struggling and failing to deal with nihilism and escalating hostility.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.

This book explores a wide range of topics in digital ethics. It features 11 chapters that analyze the opportunities and the ethical challenges posed by digital innovation, delineate new approaches to solve them, and offer concrete guidance to harness the potential for good of digital technologies. The contributors are all members of the Digital Ethics Lab (the DELab), a research environment that draws on a wide range of academic traditions. The chapters highlight the inherently multidisciplinary nature of the subject, which cannot be separated from the epistemological foundations of the technologies themselves or the political implications of the requisite reforms. Coverage illustrates the importance of expert knowledge in the project of designing new reforms and political systems for the digital age. The contributions also show how this task requires a deep self-understanding of who we are as individuals and as a species. The questions raised here have ancient -- perhaps even timeless -- roots. The phenomena they address may be new. But, the contributors examine the fundamental concepts that undergird them: good and evil, justice and truth. Indeed, every epoch has its great challenges. The role of philosophy must be to redefine the meaning of these concepts in light of the particular challenges it faces. This is true also for the digital age. This book takes an important step towards redefining and re-implementing fundamental ethical concepts to this new era.

This book analyses how the complementarity regime of the ICC's Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is 'unwilling' or 'genuinely unable to act', assuming the crime is of a 'sufficient gravity' for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of transnational crime, this book uses the innovative concept of unlawfulness to examine the crimes of the global overworld, forming a unique analysis of global order in the twenty-first century.

Investigating cinema under the magnifying glass From a look at classics like Psycho and Double Indemnity to recent films like Traffic and Thelma & Louise, Nicole Rafter and Michelle Brown show that criminological theory is produced not only in the academy, through scholarly research, but also in popular culture, through film. Criminology Goes to the Movies connects with ways in which students are already thinking criminologically through engagements with popular culture, encouraging them to use the everyday world as a vehicle for theorizing and understanding both crime and perceptions of criminality. The first work to bring a systematic and sophisticated criminological perspective to bear on crime films, Rafter and Brown's book provides a fresh way of looking at cinema, using the concepts and analytical tools of criminology to uncover previously unnoticed meanings in film, ultimately making the study of criminological theory more engaging and effective for students while simultaneously demonstrating how theories of crime circulate in our mass-mediated worlds. The result is an illuminating new way of seeing movies and a delightful way of learning about criminology.

SlutWalk explores representations of the global anti-rape movement of the same name, in mainstream news and feminist blogs around the world. It reveals strategies and practices used to adapt the movement to suit local cultures and contexts and explores how social media organized, theorized and publicized this contemporary feminist campaign.