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Civil Recovery of Criminal Property (Hardcover)
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Civil Recovery of Criminal Property (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
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Total price: R2,697
Discovery Miles: 26 970
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'Follow-the-money' approaches are increasingly being adopted to
tackle organised crime, corruption, and terrorist activities. The
rationale behind such an approach is oft stated: to show that crime
does not pay, to reinforce confidence in a fair and effective
criminal justice system, and to deter criminal activity. Civil
Recovery of Criminal Property is an in-depth analysis of the
confiscation of the proceeds of crime in the absence of criminal
conviction in Ireland and England & Wales, more than two
decades since the introduction of this civil/criminal hybrid
procedure. This book considers the development of civil recovery in
both jurisdictions, providing a comprehensive comparative account
and critical examination of its legislative context and framework,
judicial reception, and case law development. It leads the argument
that civil recovery — like other civil/criminal hybrids —
straddles civil and criminal procedure in a manner that takes
advantage of the resultant legal ambiguity, to the detriment of due
process, civil liberties, and human rights. Through interviews with
practitioners professionally engaged with civil recovery
proceedings, both in defence and in enforcement, King and Hendry
remedy what has until now been a lack of empirical engagement with
the operation of civil recovery in practice. The authors provide a
wide-ranging analysis of civil recovery in terms of its procedural
hybridity, its 'follow-the-money' approach, its questionable
compliance with the requirements of due process, its
property-specific character, and its supposed pragmatism in
tackling the problem of serious and organised crime. Blending
doctrinal, socio-legal, and theoretical perspectives, Civil
Recovery of Criminal Property will appeal both to academics and
practitioners engaged with civil recovery.
General
Imprint: |
Oxford UniversityPress
|
Country of origin: |
United Kingdom |
Series: |
Oxford Monographs on Criminal Law and Justice |
Release date: |
August 2023 |
Authors: |
Colin King
(Professor, Institute of Advanced Legal Studies)
• Jennifer Hendry
(Professor of Law & Social Justice)
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Dimensions: |
234 x 156mm (L x W) |
Format: |
Hardcover
|
Pages: |
240 |
ISBN-13: |
978-0-19-882425-1 |
Categories: |
Books >
Law >
General
|
LSN: |
0-19-882425-4 |
Barcode: |
9780198824251 |
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