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Defendant Participation in the Criminal Process

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Defendant Participation in the Criminal Process - , Summary

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant..

A Conviction in Question

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A Conviction in Question - Jim Freedman Summary

A lively narrative account of the first case to appear at the International Criminal Court, A Conviction in Question documents the trial of Union of Congolese Patriots leader and warlord, Thomas Lubanga Dyilo. Although Dyilo’s crimes, including murder, rape, and the forcible conscription of child soldiers, were indisputable, legal wrangling and a clash of personalities caused the trial to be prolonged for an unprecedented six years. This book offers an accessible account of the rapid evolution of international law and the controversial trial at the foundation of the International Criminal Court. The first book to thoroughly examine Dyilo’s trial, A Conviction in Question looks at the legal issues behind each of the trial’s critical moments, including the participation of Dyilo’s victims at the trial and the impact of witness protection. Through eye-witness observation and analysis, Jim Freedman shows that the trial suffered from all the problems associated with ordinary criminal law trials, and uses Dyilo’s case to further comment on the role of international courts in a contemporary global context..

Criminal Law and Precrime

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Criminal Law and Precrime - Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen Summary

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe..

Criminal Legalities in the Global South

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Criminal Legalities in the Global South - Pablo Ciocchini,George Radics Summary

This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people’s perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism..

International Handbook of Penology and Criminal Justice

International Handbook of Penology and Criminal Justice Pdf/ePub eBook International Handbook of Penology and Criminal Justice Pdf ebook download. Total Downloads: 1364 | Ebook Reads: 1364 | File: International Handbook of Penology and Criminal Justice.pdf/epub | ISBN: 9781420053883


International Handbook of Penology and Criminal Justice - Shlomo Giora Shoham,Ori Beck,Martin Kett Summary

At the outset of the twenty-first century, more than 9 million people are held in custody in over 200 countries around the world. --from the essay "Prisons and Jails" by Ron King The first comparative study of this increasingly integral social subject, International Handbook of Penology and Criminal Justice provides a comprehensive and balanced review of the philosophy and practicality of punishment. Drawn from the expertise of scholars and researchers from around the world, this book covers the theory, practice, history, and empirical evidence surrounding crime prevention, identification, retribution, and incarceration. It analyzes the efficacy of both traditional methods and thinking as well as novel concepts and approaches. Beginning with a study of the changing attitude of penal practice in Florida from one of offender transformation to one of risk-management, imprisonment, surveillance, and control, this volume embarks on an objective and sober appraisal of every aspect of the field. Contributions consider the sociology of incarcerated prisoners including the increasing prevalence of prison suicides. The book evaluates arguments regarding the world-wide abolition of capitol punishment from moral, utilitarian, and practical positions. It examines non-incarcerative and alternative punishments such as financial restoration and restrictions of liberty, as well as the positive effects of Victim Offender Mediation. It also considers several methods aimed at achieving measurable crime prevention including identifying at-risk juveniles and minimizing crimes of opportunity, as well as the pros and cons of employing the coercive power of police. Further essays consider subjects such as international policing, the roles of prosecution and defense attorneys, current discretionary sentencing practices, and the role and treatment of victims. The volume concludes with two chapters of case studies that provide a "hands-on" feel for the interplay of the concepts discussed. This volume is the first in a three-part trilogy. See also The International Handbook of Victimology and The International Handbook of Criminology..

The Reasoning Criminal

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The Reasoning Criminal - Derek B. Cornish,Ronald V. Clarke Summary



Criminal Pdf/ePub eBook Criminal Pdf ebook download. Total Downloads: 1271 | Ebook Reads: 1271 | File: Criminal.pdf/epub | ISBN: 1442421649


Criminal - Terra Elan McVoy Summary

What would you do for love? Nikki helps her boyfriend commit murder in this “dark, devastating, and realistic portrait of a girl in over her head” (Publishers Weekly). Nikki’s life is far from perfect, but at least she has Dee. Her friends tell her that Dee is no good, but Nikki can’t imagine herself without him. He’s hot, he’s dangerous, he has her initials tattooed over his heart, and she loves him more than anything. There’s nothing Nikki wouldn’t do for Dee. Absolutely nothing. So when Dee pulls Nikki into a crime – a crime that ends in murder – Nikki tells herself that it’s all for true love. Nothing can break them apart. Not the police. Not the arrest that lands Nikki in jail. Not even the investigators who want her to testify against him. But what if Dee had motives that Nikki knew nothing about? Nikki’s love for Dee is supposed to be unconditional…but even true love has a limit. And Nikki just might have reached hers..

Young People in Care and Criminal Behaviour

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Young People in Care and Criminal Behaviour - Claire Fitzpatrick Summary

Society holds a popular perception that links children in public care with criminal activity, but this connection is largely assumed. This book addresses the lack of evidence supporting this potentially damaging assumption. It begins by analysing past research, critically examining current policy and combining theoretical insights from the disciplines of childcare and criminology in order to form a theoretical framework for research. The empirical evidence of thirty-nine interviews with young people who have been through the care system is then drawn upon to highlight key findings and conclusions about the relationship between care and crime, and the implications towards current policy. Addressing issues such as: the residential care experience developing secure attachments in the context of care experiences of education life after care, these powerful examples show the flaws, failures and successes of the various childcare services by offering insight into the reality of young peoples experiences. This book is highly relevant to new legislation and the current political agenda, and will prove an eye-opening read for policymakers and practitioners in the fields of child care and criminology, social workers, and students of social work, social policy and criminology..

The Myth of the Queer Criminal

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The Myth of the Queer Criminal - Jeffery P Dennis Summary

The Myth of the Queer Criminal documents over a century of writings by sociologists, psychologists, criminologists, and forensic scientists, in Europe and the United States, who asserted that LGBT persons were innately and uniquely criminal. Applying the tools of narratology and queer theory, Jeffery P. Dennis examines the ten types of queer criminal that have appeared in seminal texts, both literary and scientific, over the past 140 years - beginning with Lombroso's Criminal Man (1876) and extending to postmodern criminologists and contemporary textbooks. Each type is named after its defining characteristic. The pederast, for example, was believed to be a master-criminal, leading vast criminal empires. The degenerate, intellectually and morally corrupted, was perceived as a symptom or cause of societal decay. The silly, lisping pansy was a figure of ridicule, rather than of dread. The traitor was murderous and depraved, prepared to destroy democratic institutions worldwide. The book aims to contextualize this mythology, revealing the motivations of the agents behind it, the influence of broader preoccupations and anxieties of the age, and its societal, political and cultural impact. This carefully researched, meticulously written history of the queer criminal will be of interest to students and researchers in criminology, gender studies, queer studies, and the history of sexuality..

Presumed Criminal

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Presumed Criminal - Carl Suddler Summary

A startling examination of the deliberate criminalization of black youths from the 1930s to today A stark disparity exists between black and white youth experiences in the justice system today. Black youths are perceived to be older and less innocent than their white peers. When it comes to incarceration, race trumps class, and even as black youths articulate their own experiences with carceral authorities, many Americans remain surprised by the inequalities they continue to endure. In this revealing book, Carl Suddler brings to light a much longer history of the policies and strategies that tethered the lives of black youths to the justice system indefinitely. The criminalization of black youth is inseparable from its racialized origins. In the mid-twentieth century, the United States justice system began to focus on punishment, rather than rehabilitation. By the time the federal government began to address the issue of juvenile delinquency, the juvenile justice system shifted its priorities from saving delinquent youth to purely controlling crime, and black teens bore the brunt of the transition. In New York City, increased state surveillance of predominantly black communities compounded arrest rates during the post–World War II period, providing justification for tough-on-crime policies. Questionable police practices, like stop-and-frisk, combined with media sensationalism, cemented the belief that black youth were the primary cause for concern. Even before the War on Crime, the stakes were clear: race would continue to be the crucial determinant in American notions of crime and delinquency, and black youths condemned with a stigma of criminality would continue to confront the overwhelming power of the state..

Criminal Law

Criminal Law Pdf/ePub eBook Criminal Law Pdf ebook download. Total Downloads: 953 | Ebook Reads: 953 | File: Criminal Law.pdf/epub | ISBN: 1454846674


Criminal Law - G. Larry Mays,Jeremy Ball,Laura Fidelie Summary

This author team had students in mind when they wrote the book on Criminal Law. Criminal Law: Core Concepts uses examples and case excerpts that are interesting and informative, along with logically organized, plain-English discussion of the Model Penal Code. This is the basis for developing a solid understanding of criminal law concepts. One look inside this book and you ll notice that every page promises unobstructed learning. You ll see an uncluttered page design, uncluttered coverage, writing uncluttered by legalese, and case excerpts uncluttered by extraneous detail Everything in this book serves a purpose. Criminal Law: Core Concepts features: A commitment to clarity, reflected in the writing style, organization, pedagogy, and design Shrewd case editing that hones in on salient themes and principles Engaging and informative examples throughout the text Plain English discussion of the Model Penal Code Timely coverage of contemporary topics, such as street crime.

Criminal Justice Research in an Era of Mass Mobility

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Criminal Justice Research in an Era of Mass Mobility - Andriani Fili,Synnøve Jahnsen,Rebecca Powell Summary

We live in an era of mass mobility where governments remain committed to closing borders, engaging with securitisation discourses and restrictive immigration policies, which in turn nurture xenophobia and racism. It is within this wider context of social and political unrest that the contributors of this collection reflect on their experiences of conducting criminological research. This collection focuses on the challenges of doing research on the intersections between criminal justice and immigration control, choosing and changing methodologies while juggling the disciplinary and interdisciplinary requirements of the work’s audience. From research design, to fieldwork to writing-up, this book captures every part of the research process, drawing on a range of topics such as migration control, immigrant detention and border policing. It also reflects on more neglected areas such as the interpersonal and institutional contexts of research and the ontological and epistemological assumptions embedded within data analysis methods. It makes a significant contribution to our understanding of the major developments in current research in this field, how and why they occur and with what consequences. This book seeks to shake off the phantom of undisturbed research settings by bringing to the fore the researchers' involvement in the research process and its products. An interdisciplinary collection, it can be used as a reference not just for those interested in the criminology of mobility but also as a learning tool for anyone conducting research on a highly charged topic in contemporary policy and politics..

The Corporate Criminal

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The Corporate Criminal - Steve Tombs,David Whyte Summary

Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, profit-making, corporation is a habitual and routine offender. The book dissects the myth that the corporation can be a rational, responsible, 'citizen'. It shows how in its present form, the corporation is permitted, licensed and encouraged to systematically kill, maim and steal for profit. Corporations are constructed through law and politics in ways that impel them to cause harm to people and the environment. In other words, criminality is part of the DNA of the modern corporation. Therefore, the authors argue, the corporation cannot be easily reformed. The only feasible solution to this 'crime' problem is to abolish the legal and political privileges that enable the corporation to act with impunity..


Yakuza Pdf/ePub eBook Yakuza Pdf ebook download. Total Downloads: 1568 | Ebook Reads: 1568 | File: Yakuza.pdf/epub | ISBN: 0520953819


Yakuza - David E. Kaplan,Alec Dubro Summary

Known for their striking full-body tattoos and severed fingertips, Japan's gangsters comprise a criminal class eighty thousand strong--more than four times the size of the American mafia. Despite their criminal nature, the yakuza are accepted by fellow Japanese to a degree guaranteed to shock most Westerners. Yakuza is the first book to reveal the extraordinary reach of Japan's Mafia. Originally published in 1986, it was so controversial in Japan that it could not be published there for five years. But in the west it has long served as the standard reference on Japanese organized crime and has inspired novels, screenplays, and criminal investigations. This twenty-fifth anniversary edition tells the full story or Japan's remarkable crime syndicates, from their feudal start as bands of medieval outlaws to their emergence as billion-dollar investors in real estate, big business, art, and more..

Becoming Criminal

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Becoming Criminal - D. Crewe Summary

This book consists of a fundamental deconstruction and reconstruction of the key concepts of Criminology and The Sociology of Law, providing a coherent expression of the relationships between these newly constructed concepts and thus a radically new statement of the relationship between society, crime and the law..

Understanding Criminal Networks

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Understanding Criminal Networks - Prof. Gisela Bichler Summary

Understanding Criminal Networks is a short methodological primer for those interested in studying illicit, deviant, covert, or criminal networks using social network analysis (SNA). Accessibly written by Gisela Bichler, a leading expert in SNA for dark networks, the book is chock-full of graphics, checklists, software tips, step-by-step guidance, and straightforward advice. Covering all the essentials, each chapter highlights three themes: the theoretical basis of networked criminology, methodological issues and useful analytic tools, and producing professional analysis. Unlike any other book on the market, the book combines conceptual and empirical work with advice on designing networking studies, collecting data, and analysis. Relevant, practical, theoretical, and methodologically innovative, Understanding Criminal Networks promises to jumpstart readers’ understanding of how to cross over from conventional investigations of crime to the study of criminal networks..

Hate Crimes

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Hate Crimes - James B. Jacobs,Kimberly Potter Summary

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice..

Race, Ethnicity, Crime and Criminal Justice in the Americas

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Race, Ethnicity, Crime and Criminal Justice in the Americas - A. Kalunta-Crumpton Summary

This book examines race, ethnicity, crime and criminal justice in the Americas and moves beyond the traditional focus on North America to incorporate societies in Central America, South America and the Caribbean..

Elders, Crime, and the Criminal Justice System

Elders, Crime, and the Criminal Justice System Pdf/ePub eBook Elders, Crime, and the Criminal Justice System Pdf ebook download. Total Downloads: 1156 | Ebook Reads: 1156 | File: Elders, Crime, and the Criminal Justice System.pdf/epub | ISBN: 9780826117489


Elders, Crime, and the Criminal Justice System - Max B. Rothman, JD, LLM,Burton D. Dunlop, PhD,Pamela Entzel, JD Summary

This book provides a comprehensive analysis of interactions between older people and the criminal justice system. The editors present current research on elders in a multitude of roles, from victim and offender to attorney, defendant, witness, juror, and prisoner. Of particular interest are chapters on the psychological and medical conditions of elder prisoners, and issue around selective decarceration. Each contributor documents empirical data and identifies social, policy, and ethical implications, where applicable. Recommended for gerontologists, sociologists, social workers, and professionals in the legal and criminal justice fields..

Rationality Of Irrationality, The: Schizophrenia, Criminal Insanity And Neurosis

Rationality Of Irrationality, The: Schizophrenia, Criminal Insanity And Neurosis Pdf/ePub eBook Rationality Of Irrationality, The: Schizophrenia, Criminal Insanity And Neurosis Pdf ebook download. Total Downloads: 1527 | Ebook Reads: 1527 | File: Rationality Of Irrationality, The: Schizophrenia, Criminal Insanity And Neurosis.pdf/epub | ISBN: 9811208905


Rationality Of Irrationality, The: Schizophrenia, Criminal Insanity And Neurosis - Rofe Yacov Summary

This book challenges the validity of all traditional theories of psychopathology, particularly with regard to schizophrenia. It demonstrates that the accepted belief that schizophrenia is a brain disease is wrong, a result of the inability of traditional theories to provide an alternative explanation for the correlation between schizophrenia and genetic/neurological impairments.Psych-Bizarreness Theory (PBT), presented in this book, demonstrates that bizarre/mad behaviors, schizophrenia, criminal insanity and neuroses are rational coping mechanisms to extreme levels of emotional distress, usually depression, which are chosen by the individual to improve his quality of life. PBT integrates the scientific contributions of all traditional theories into one theoretical framework. It also integrates all therapeutic interventions of mad behaviors into one theoretical umbrella and suggests a new, humanistic therapeutic approach..