In the more than 30 years since the drug court model transformed the criminal justice landscape, problem-solving courts have expanded their reach beyond criminogenic needs. They now address demographic similarities (e.g., veterans courts, tribal wellness courts, community courts) and offense characteristics (e.g., prostitution courts, sex offender courts). The rapid expansion of problem-solving courts to meet many different individuals suggests this template is appropriate and adaptable to just about any categorical characteristic. This book calls on problem-solving court experts to offer a fresh perspective on the evolving discourse on these courts' proliferation. Contributors describe diverse applications of the problem-solving court model while critically appraising these niche courts' evidence. This book provides a comprehensive account to date of how problem-solving courts are continuing to revolutionize justice. This collective body of work strengthens our understanding of their placement in the throes of a call for meaningful criminal justice reform.Taking Problem-Solving Courts to Scale is presented in three sections to address specialty courts focused on criminogenic needs, individual characteristics, and offense characteristics. At the outset of each section, the editors describe the courts' purpose falling under these broad categories and highlight key elements from the chapters falling within.

Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.

The International People's Tribunal addressed the many forms of violence during the period of the massacres of 1965-1966 in Indonesia. It was held in The Hague, The Netherlands, in November 2015, to commemorate fifty years since the killings began. The Tribunal, as a people's court, holds no jurisdiction and was an attempt to achieve symbolic justice for the crimes of 1965. This book offers new and previously unpublished insights into the types of crimes committed in the 1965 genocide and how these crimes were prosecuted at the International People's Tribunal for 1965. Divided thematically, each chapter analyses a different crime - enslavement, sexual violence, torture - perpetrated during the Indonesian killings. The contributions consider either general patterns across Indonesia or a particular region of the archipelago. The book reflects on how crimes were charged at the International People's Tribunal for 1965 and focuses on questions relating to the place of people's tribunals in truth-seeking and justice claims, and the prospective for transitional justice in contemporary Indonesia. Positioning the events in Indonesia in 1965 within the broader scope of comparative genocide studies, the book is an original and timely contribution to knowledge about the dynamics of the Indonesian killings. It will be of interest to academics in the field of Asian studies, in particular Southeast Asia, Genocide Studies, Criminology and Criminal Justice and Transitional Justice Studies.

Contemporary Corrections: A Critical Thinking Approach introduces readers to the essential elements of the US corrections system without drowning students in a sea of nonessential information. Unbiased and accessible, the text includes coverage of the history of corrections, alternatives to incarceration, probation/parole, race/ethnicity/gender issues in corrections, re-entry into the community, and more. The authors' unparalleled practical approach, reinforced by contemporary examples, illuminates the role corrections plays in our society. The authors have reinvigorated earlier work with additional content on international comparative data to increase our understanding of how prison officials in other nations have developed different types of responses to the problems that challenge every US correctional administrator, a new chapter on correctional personnel, and an integration of race and ethnicity issues throughout the book. Unrivaled in scope, this book offers undergraduates a concise but comprehensive introduction to corrections with textual materials and assignments designed to encourage students' critical thinking skills.

This book brings together Foucault's writings on crime and delinquency, on the one hand, and sexuality, on the other, to argue for an anti-carceral feminist Foucauldian approach to sex crimes. The author expands on Foucault's writings through intersectional explorations of the critical race, decolonial, critical disability, queer and critical trans studies literatures on the prison that have emerged since the publication of Discipline and Punish and The History of Sexuality. Drawing on Foucault's insights from his genealogical period, the book argues that those labeled as sex offenders will today be constructed to re-offend twice over, once in virtue of the delinquency with which they are inculcated through criminological discourses and in the criminal punishment system, and second in virtue of the manners in which their sexual offense is taken up as an identity through psychological and sexological discourses. The book includes a discussion of non-retributive responses to crime, including preventative, redistributive, restorative, and transformative justice. It concludes with two appendixes: the original 19th-century medico-legal report on Charles Jouy and its English translation by the author. Foucault, Feminism, and Sex Crimes will be of interest to feminist philosophers, Continental philosophers, Women's and Gender Studies scholars, social and political theorists, as well as social scientists and social justice activists.

The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.

The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta's approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.

Interactional Justice explores how defence lawyers accomplish their role in interaction with others and highlights the ways in which they do loyalty work - constructing and conveying loyalty in emotionally and interactionally constraining situations. By drawing on extensive ethnographic fieldnotes and interviews with lawyers, this sociological study brings their loyalty work to life and reveals to the reader the unwritten rules of emotional interactions. It presents how defence lawyers socially construct their duty of loyalty by negotiating informal and implicit professional and social expectations. This accomplishment demands emotion work and face work in order to perform a role which includes defending clients accused of heinous crimes and "losing" the majority of cases. As the defence team is central to this, the ways of doing teamwork are illustrated. Teamwork is also found to be essential between legal professionals to ensure that a criminal trial runs smoothly. All of this takes place within an overarching framework - the emotional regime of law - which aims to uphold the illusionary dichotomy between rationality and emotionality thus quietening the role of emotions. Loyalty and teamwork are features of many professions, workplaces, and aspects of social life making this book an essential tool for understanding strategies for their accomplishment. Focusing on courtroom emotions and interactions, the book suggests how trials can be made more user-friendly and provides guidance for newly qualified legal professionals. The use of ethnographic fieldnotes and interviews provides scholars and students in the social sciences, teaching, law, and medicine with a colourful monograph which reveals and explains emotion and interaction rules. It also makes this book a useful tool for teaching and understanding qualitative research methods.

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laicite, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 2004

How might we best manage those who have offended but have mental vulnerabilities? How are risks identified, managed and minimised? What are ideological differences of care and control, punishment and therapy negotiated in practice? These questions are just some which are debated in the eleven chapters of this book. Each with their focus on a given area, authors raise the challenges, controversies, dilemmas and concerns attached to this particular context of delivering justice. Taking insights on imprisonment, community punishments and forensic services, this book provides a broad analysis of environments. But it also casts a critical light on how punishment of the mentally vulnerable sits within public attitudes and ideas, policy discourses, and the ways in which those seen to present as risky and dangerous are imagined. Written in a clear and direct style, this book serves as a valuable resource for those studying, working or researching at the intersections of healthcare and criminal justice domains. This book is essential reading for students and practitioners within the fields of criminology and criminal justice, social work, forensic psychology, forensic psychiatry, mental health nursing and probation.

This book is the first volume to explore criminal justice work and criminological research through the lens of emotional labour. A concept first coined 30 years ago, emotional labour seeks to explore the ways in which people manage their emotions in order to achieve the aims of their organisations, and the subsequent impact of this is on workers and service users. The chapters in this edited collection explore work in a wide range of criminal justice institutions as well as the penal voluntary sector. In addition to literature review chapters which consolidate what we already know, this book includes case study chapters which extend our knowledge of how emotional labour is performed in specific contexts, and in relation to certain types of work. Emotional Labour in Criminal Justice and Criminology covers topics such as prisoners who die from natural causes in prison, to the work of independent domestic violence advisors and the use of emotion by death penalty lawyers in the US. An accessible and compelling read, this book presents ground-breaking qualitative and quantitative research which will be critical to criminologists, criminal justice practitioners, students of criminology and academics in the fields of social policy and public service.

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.

This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade.

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent-child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.

Though criminology took root in Russia in the early 1800s and has gone through various stages of maturation-paralleling developments of the discipline in Europe and North America over the last two centuries-its contributions and presence in the field is hardly noticeable in the English-speaking world. The objective of this book is by no means to fill that void, but rather to bring together the recent developments in Russia, keeping in context its rich history of criminological legacies, traditions, and its current experiences and growth since the restructuring of Soviet Union. This book was originally published as a special issue of the International Journal of Comparative and Applied Criminal Justice.

A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.

This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.

This clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland. It covers the underlying common law; interpretation of the lease; remedies for breach of repairing obligation; common parts and service charge; and dispute resolution.