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Books > Social sciences > Sociology, social studies > Crime & criminology > General
This book is a guide to the law and practice of victims' roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabo is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.
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.
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. "
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.
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.
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."
This edited collection goes beyond the limited definition of borders as simply dividing lines across states, to uncover another, yet related, type of division: one that separates policies and institutions from public debate and contestation. Bringing together expertise from established and emerging academics, it examines the fluid and varied borderscape across policy and the public domains. The chapters encompass a wide range of analyses that covers local, national and transnational frameworks, policies and private actors. In doing so, Migration, Borders and Citizenship reveals the tensions between border control and state economic interests; legal frameworks designed to contain criminality and solidarity movements; international conventions, national constitutions and local migration governance; and democratic and exclusive constructions of citizenship. This novel approach to the politics of borders will appeal to sociologists, political scientists and geographers working in the fields of migration, citizenship, urban geography and human rights; in addition to students and scholars of security studies and international relations.
Gangs have been heavily pathologized in the last several decades. In comparison to the pioneering Chicago School's work on gangs in the 1920s we have moved away from a humanistic appraisal of and sensitivity toward the phenomenon and have allowed the gang to become a highly plastic folk devil outside of history. This pathologization of the gang has particularly negative consequences for democracy in an age of punishment, cruelty and coercive social control. This is the central thesis of David Brotherton's new and highly contentious book on street gangs. Drawing on a wealth of highly acclaimed original research, Brotherton explores the socially layered practices of street gangs, including community movements, cultural projects and sites of social resistance. The book also critically reviews gang theory and the geographical trajectories of streets gangs from New York and Puerto Rico to Europe, the Caribbean and South America, as well as state-sponsored reactions and the enabling role of orthodox criminology. In opposition to the dominant gang discourses, Brotherton proposes the development of a critical studies approach to gangs and concludes by making a plea for researchers to engage the gang reflexively, paying attention to the contradictory agency of the gang and what gang members actually tell us. The book is essential reading for academics and students involved in the study of juvenile delinquency, youth studies, deviance, gang studies and cultural criminology.
This edited collection highlights international research on domestic homicides and death reviews which are a rapidly growing intervention/prevention initiative in various countries. Chapters focus on: the impetus for the international development of such initiatives, the identification of risk factors and recommendations for improving systemic responses, the uptake and impact of these recommendations and, finally, the social and public policy implications of outcomes for developed and developing countries. Despite rapid growth, the current state of research and knowledge about domestic violence death review initiatives is limited, fragmented, and primarily descriptive, largely comprising annual public reports. The authors of this book bridge this significant gap by analysing the wide range of models currently in development and operation. A bold and important examination, this work will have a powerful impact on policy makers and scholars of social science theory, women's studies, and domestic violence.
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.
This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women's and/or Gender Studies.
A very good overarching student text book which deals comprehensively with the main themes and topics within criminal justice. - Jenny Johnstone, Newcastle Law School, Newcastle University An excellent book that is invaluable to new students in particular, it gives a good, clear insight into the Criminal Justice System and also has good review and discussion points to reinforce the key learning points...The best book in its field. - Dr. Richard Peake, University of Leeds The 5th edition continues to provide a comprehensive introduction to all aspects of the Criminal Justice system. Fully up to date, it combines a description of the major agencies involved in the control of crime and the pursuit of justice with an introduction to criminal justice theory and key concepts in English criminal law.
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 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 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.
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 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.
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 is a study of the legal reckoning with the crimes of the Latvian Auxiliary Security Police and its political dimensions in the Soviet Union, West and East Germany, and the United States in the context of the Cold War. Decades of work by prosecutors have established the facts of Latvian collaboration with the Nazis during the Holocaust. No group made a deeper mark in the annals of atrocity than the men of the so-called 'Arajs Kommando' and their leader, Viktors Arajs, who killed tens of thousands of Jews on Latvian soil and participated in every aspect of the 'Holocaust by Bullets.' This study also has significance for coming to terms with Latvia's encounter with Nazism - a process that was stunted and distorted by Latvia's domination by the USSR until 1991. Examining the country's most notorious killers, their fates on both sides of the Iron Curtain, and contemporary Latvians' responses in different political contexts, this volume is a record of the earliest phases of this process, which must now continue and to which this book contributes.
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.
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.
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.
In a collection of compelling contributions to the study of the nexus between race, crime, and justice, noted scholars in the field critique many long-held assumptions and myths about race, challenging criminal justice policymakers to develop new and effective strategies for dealing with the social problems such misunderstandings create. In sections devoted to criminological theory, law enforcement, courts and the law, juvenile delinquency, and gender, contributors endeavor to dispel myths about African-American involvement in the criminal justice system. In so doing, a number of important facts are established about the race/crime nexus. For example, in an analysis of criminological theory, it is concluded that race, as a singular social factor, has not been adequately represented in existing paradigms. The subject of police profiling of African-Americans reveals an evolution of court decisions that have marginalized, rather than liberated, African-Americans since slavery. Each contributor challenges both the reader and the criminal justice system to develop meaningful strategies for addressing the racism that still pervades our system of justice. A chapter on women of color in prison makes a compelling argument that such institutions often represent safer environments than the life on the streets women leave behind. This persuasive volume will be of interest to undergraduate and graduate students as well as faculty in Sociology, Criminal Justice, policy development, African-American and Women's Studies.
This book examines the theoretical links between Edward W. Said and Sigmund Freud as well the relationship between psychoanalysis, postcolonialism and decoloniality more broadly. The author begins by offering a comprehensive review of the literature on psychoanalysis and postcolonialism, which is contextualized within the apparatus of racialized capitalism. In the close analysis of the interconnections between the Freud and Said that follows, there is an attempt to decolonize the former and psychoanalyze the latter. He argues that decolonizing Freud does not mean canceling him; rather, he employs Freud's sharpest insights for our time, by extending his critique of modernity to coloniality. It is also advanced that psychoanalyzing Said does not mean psychologizing the man; instead the book's aim is to demonstrate the influence of psychoanalysis on Said's work. It is asserted that Said began with Freud, repressed him, and then Freud returned. Reading Freud and Said side by side allows for the theorization of what the author calls contrapuntal psychoanalysis as liberation praxis, which is discussed in-depth in the final chapters. This book, which builds on the author's previous work, Decolonial Psychoanalysis, will be a valuable text to scholars and students from across the psychology discipline with an interest in Freud, Said and the broader relationship between psychoanalysis and colonialism. |
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