Directions and Developments in Criminal Justice and Law – serie
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40 produkter
40 produkter
Wrongful Convictions and the Criminalization of Innocence
International Perspectives on Contributing Factors, Models of Exoneration and Case Studies
Inbunden, Engelska, 2025
1 954 kr
Skickas inom 10-15 vardagar
This edited international collection explores the nature and extent of wrongful convictions, as well as examines the systems in place that attempt to exonerate the wrongly convicted. Inspired by two conventions of legal scholars, jurists, lawyers and law students gathered to examine miscarriages of justice as well as the means to address them, in Israel and Canada, this compilation presents work arising from those workshops as well as newer research dedicated to examining this phenomenon. With a thoughtful and evidence-based approach by leading international legal scholars and jurists, this book offers a timely analysis given the burgeoning interest in the study of miscarriages of justice across the globe.This book is useful for all those interested in studying miscarriages of justice, why they occur and how to eliminate or minimize them, including students and professionals involved in criminology, criminal law and innocence work, as well as comparative criminology and legal scholars.
572 kr
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The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process.This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors.This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
572 kr
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The Veterans Treatment Court Movement provides a comprehensive, empirical analysis of the burgeoning veteran’s court movement from genesis through to operation, and concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the Veterans Justice Outreach Officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve.The book shows how veterans courts seek to serve veterans’ legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcize their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how – and why – these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.
534 kr
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This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced.Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation.The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Beyond Transitional Justice
Transformative Justice and the State of the Field (or non-field)
Inbunden, Engelska, 2022
1 954 kr
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Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development).Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field.A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.
Beyond Transitional Justice
Transformative Justice and the State of the Field (or non-field)
Häftad, Engelska, 2024
572 kr
Skickas inom 10-15 vardagar
Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development).Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field.A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.
1 954 kr
Skickas inom 10-15 vardagar
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced.Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation.The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Criminal Law and Precrime
Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt
Häftad, Engelska, 2019
572 kr
Skickas inom 10-15 vardagar
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.
Forced Mobility of EU Citizens
Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals
Häftad, Engelska, 2024
534 kr
Skickas inom 10-15 vardagar
Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.
Forced Mobility of EU Citizens
Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals
Inbunden, Engelska, 2023
1 954 kr
Skickas inom 10-15 vardagar
Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.
697 kr
Skickas inom 10-15 vardagar
This book provides a detailed exploration of the responses of the criminal justice system to domestic abuse in Northern Ireland. The book’s primary focus is on developments which have taken place since around 2010, and in particular since the restoration of the Northern Ireland Assembly in January 2020 after a three year suspension. The book includes discussion of the increased levels of domestic abuse in Northern Ireland in the context of the COVID-19 pandemic, and analyses the ways in which the criminal justice system responded. In addition, the book includes in-depth discussion of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which had the effect of criminalising coercive control, and the implications of this legislation for Northern Ireland’s response to domestic abuse. The book will be of great interest to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology; as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. It can also be used on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.
270 kr
Skickas inom 10-15 vardagar
This book provides a detailed exploration of the responses of the criminal justice system to domestic abuse in Northern Ireland. The book’s primary focus is on developments which have taken place since around 2010, and in particular since the restoration of the Northern Ireland Assembly in January 2020 after a three year suspension. The book includes discussion of the increased levels of domestic abuse in Northern Ireland in the context of the COVID-19 pandemic, and analyses the ways in which the criminal justice system responded. In addition, the book includes in-depth discussion of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which had the effect of criminalising coercive control, and the implications of this legislation for Northern Ireland’s response to domestic abuse. The book will be of great interest to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology; as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. It can also be used on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.
1 954 kr
Skickas inom 10-15 vardagar
Through different legal and criminological angles and perspectives, this book addresses the controversial question of whether prisoners should have the right to vote, as well as the optimal modalities for such a vote.By adopting a comparative approach to explore the legal systems of very different jurisdictions, such as the former Eastern Bloc, England, Ireland, the USA and France, the book reveals a recent trend in opening up the right to vote. It also looks at the recommendations of international and European institutions which, while relatively cautious, nevertheless support such progress. Examining the issue from a criminological viewpoint, the book investigates the role that prisoners’ votes could play in the social integration of these individuals into the community through political inclusion as citizens. Offering legal, theoretical and empirical bases, it blends a variety of perspectives to help readers establish an understanding of how prisoners' voting could contribute to improving their attachment to society and its values.Concise and direct, Prisoners' Vote will be of great interest to upper-level students and scholars of law, criminology, sociology, criminal justice, and political science. It should also appeal to practitioners working in the criminal justice system and policy makers reflecting on whether and how, to open the right to vote to prisoners.
584 kr
Skickas inom 10-15 vardagar
Through different legal and criminological angles and perspectives, this book addresses the controversial question of whether prisoners should have the right to vote, as well as the optimal modalities for such a vote.By adopting a comparative approach to explore the legal systems of very different jurisdictions, such as the former Eastern Bloc, England, Ireland, the USA and France, the book reveals a recent trend in opening up the right to vote. It also looks at the recommendations of international and European institutions which, while relatively cautious, nevertheless support such progress. Examining the issue from a criminological viewpoint, the book investigates the role that prisoners’ votes could play in the social integration of these individuals into the community through political inclusion as citizens. Offering legal, theoretical and empirical bases, it blends a variety of perspectives to help readers establish an understanding of how prisoners' voting could contribute to improving their attachment to society and its values.Concise and direct, Prisoners' Vote will be of great interest to upper-level students and scholars of law, criminology, sociology, criminal justice, and political science. It should also appeal to practitioners working in the criminal justice system and policy makers reflecting on whether and how, to open the right to vote to prisoners.
Social and Legal Regulation of Domestic Violence in The Kesarwani Community
Kolkata, India and Beyond
Inbunden, Engelska, 2022
1 954 kr
Skickas inom 10-15 vardagar
This book examines the social and legal regulation of domestic violence (DV) within the Kesarwani business community following the enactment of the Protection of Women from Domestic Violence Act 2005. It analyses the existence of the formal law in Kolkata and the relevance of the law in the familial lives of the Kesarwani community.The book offers a new conceptualisation of examining the relationship between formal law and social life. It provides a deep insight into how living with violence becomes a way of living and how the disposition to familial violence exists with social advantage and privilege. Explaining the functioning of the formal DV framework in non-legal terms as it exists on the paper, the book shows the ways in which this one law sought to democratise the family unit and overhaul the legal process in favour of DV victims in India. Most of all it hopes to show through the Kolkata study that caste and class, social structures that regulate and define social life globally, must remain critical to discussions of the social and legal regulation of DV in Kolkata, India or anywhere in the world. The book uses ethnography as a research methodology and traverses different locations in the Kesarwani community, and outside the community in Kolkata, to examine the relevance of the formal law in the lives of Kesarwani women. While the study is in India (and in a non-western context), the theme of the study – the social and legal regulation - remains relevant to contemporary debates on the efficacy of formal law in addressing coercive control in the western world. Notably, the book makes the formal domestic violence law legible for non-legal professionals by explaining the formal legal framework of domestic violence envisaged in the PWDVA.This book will be of interest to students and scholars of law, criminal justice, sociology, anthropology, women’s studies, and political science. It will also appeal to social service providers and practitioners working in the area of domestic violence, legal regulation, social control of women, gender, caste, class and family business.
Social and Legal Regulation of Domestic Violence in The Kesarwani Community
Kolkata, India and Beyond
Häftad, Engelska, 2024
534 kr
Skickas inom 10-15 vardagar
This book examines the social and legal regulation of domestic violence (DV) within the Kesarwani business community following the enactment of the Protection of Women from Domestic Violence Act 2005. It analyses the existence of the formal law in Kolkata and the relevance of the law in the familial lives of the Kesarwani community.The book offers a new conceptualisation of examining the relationship between formal law and social life. It provides a deep insight into how living with violence becomes a way of living and how the disposition to familial violence exists with social advantage and privilege. Explaining the functioning of the formal DV framework in non-legal terms as it exists on the paper, the book shows the ways in which this one law sought to democratise the family unit and overhaul the legal process in favour of DV victims in India. Most of all it hopes to show through the Kolkata study that caste and class, social structures that regulate and define social life globally, must remain critical to discussions of the social and legal regulation of DV in Kolkata, India or anywhere in the world. The book uses ethnography as a research methodology and traverses different locations in the Kesarwani community, and outside the community in Kolkata, to examine the relevance of the formal law in the lives of Kesarwani women. While the study is in India (and in a non-western context), the theme of the study – the social and legal regulation - remains relevant to contemporary debates on the efficacy of formal law in addressing coercive control in the western world. Notably, the book makes the formal domestic violence law legible for non-legal professionals by explaining the formal legal framework of domestic violence envisaged in the PWDVA.This book will be of interest to students and scholars of law, criminal justice, sociology, anthropology, women’s studies, and political science. It will also appeal to social service providers and practitioners working in the area of domestic violence, legal regulation, social control of women, gender, caste, class and family business.
Biosecurity, Economic Collapse, the State to Come
Political Power in the Pandemic and Beyond
Inbunden, Engelska, 2022
1 919 kr
Skickas inom 10-15 vardagar
What kind of state emerges from the pandemic? The pandemic caused two crises, in biosecurity and in the economy. The state was forced to tackle both; but subduing one inevitably exacerbated the other. Emerging from the impossible task of handling two conflicting crises is a new form of state, the state to come.To outline the emerging state, this book offers an in-depth critical account of the state's responses to the biosecurity and the economic crises. It is thus the first study to address both crises ensuing from the pandemic, and to synthesise the responses to them in a comprehensive account of political power. Addressing biosecurity, the book deciphers its key modalities, epistemic premises, its law, the threat it aims to oppose and the ways in which it relates to public health and society — especially its extraordinary power to suspend society. Addressing the economic crisis, the book deciphers the actuality and prospects of both the economy and the state's economic policy. It claims that economic policy is now dual: it adopts countercyclical measures to serve and entrench a neoliberal economy. The responses to the twin crises inform the outline of the emerging state: its structure, logic and legality; its power and its relation to society. This is a state of extraordinary power; but its only purpose is to preserve the social order intact. It is a despotic state: powerful, and set to impose social stasis.This work offers ground-breaking analysis based on our pandemic experience. It is indispensable for critical scholars and students in Politics, Security Studies, Sociology, Law, Political Economy and Public Health.
Biosecurity, Economic Collapse, the State to Come
Political Power in the Pandemic and Beyond
Häftad, Engelska, 2024
581 kr
Skickas inom 10-15 vardagar
What kind of state emerges from the pandemic? The pandemic caused two crises, in biosecurity and in the economy. The state was forced to tackle both; but subduing one inevitably exacerbated the other. Emerging from the impossible task of handling two conflicting crises is a new form of state, the state to come.To outline the emerging state, this book offers an in-depth critical account of the state's responses to the biosecurity and the economic crises. It is thus the first study to address both crises ensuing from the pandemic, and to synthesise the responses to them in a comprehensive account of political power. Addressing biosecurity, the book deciphers its key modalities, epistemic premises, its law, the threat it aims to oppose and the ways in which it relates to public health and society — especially its extraordinary power to suspend society. Addressing the economic crisis, the book deciphers the actuality and prospects of both the economy and the state's economic policy. It claims that economic policy is now dual: it adopts countercyclical measures to serve and entrench a neoliberal economy. The responses to the twin crises inform the outline of the emerging state: its structure, logic and legality; its power and its relation to society. This is a state of extraordinary power; but its only purpose is to preserve the social order intact. It is a despotic state: powerful, and set to impose social stasis.This work offers ground-breaking analysis based on our pandemic experience. It is indispensable for critical scholars and students in Politics, Security Studies, Sociology, Law, Political Economy and Public Health.
Black Iconography and Colonial (re)production at the ICC
(In)dependence Cha Cha Cha?
Inbunden, Engelska, 2022
1 976 kr
Skickas inom 10-15 vardagar
This book explores the reproduction of colonialism at the International Criminal Court (ICC) and examines international criminal law (ICL) vs the black body through an immersive format of art, music, poetry, and architecture and post-colonial/critical race theory lens.Taking a multi-disciplinary approach, the book interrogates the operationalisation of the Rome Statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial, and warns that it has ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and colonial ideas of ‘what is wrong’ in/with the world. The book finds that the contemporary ICL regime is founded on white supremacy that corrupts the law’s interaction with the African. The African is but a unit utilised by the global elite to exploit and extract resources. From time to time, these alliances disintegrate with ICL becoming a retaliatory tool of choice. What is at stake is power, not justice. This power has been hierarchical with Eurocentrism at the top throughout modern history. Colonialism is seen not to have ended but to have regerminated through the foundation of the ‘independent’ African state. The ICC reproduces the colonial by use of European law and, ultimately, the over-representation of the black accused. To conclude, the book provides a liberated African forum that can address conflicts in the content, with a call for the end of the ICC’s involvement in Africa. The demand is made for an African court that utilises non-colonising African norms which are uniquely suited to address local conflicts.Multidisciplinary in nature, this book will be of great interest to students and scholars of international criminal law, criminal justice, human rights law, African studies, global social justice, sociology, anthropology, postcolonial studies, and philosophy.
Black Iconography and Colonial (re)production at the ICC
(In)dependence Cha Cha Cha?
Häftad, Engelska, 2024
534 kr
Skickas inom 10-15 vardagar
This book explores the reproduction of colonialism at the International Criminal Court (ICC) and examines international criminal law (ICL) vs the black body through an immersive format of art, music, poetry, and architecture and post-colonial/critical race theory lens.Taking a multi-disciplinary approach, the book interrogates the operationalisation of the Rome Statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial, and warns that it has ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and colonial ideas of ‘what is wrong’ in/with the world. The book finds that the contemporary ICL regime is founded on white supremacy that corrupts the law’s interaction with the African. The African is but a unit utilised by the global elite to exploit and extract resources. From time to time, these alliances disintegrate with ICL becoming a retaliatory tool of choice. What is at stake is power, not justice. This power has been hierarchical with Eurocentrism at the top throughout modern history. Colonialism is seen not to have ended but to have regerminated through the foundation of the ‘independent’ African state. The ICC reproduces the colonial by use of European law and, ultimately, the over-representation of the black accused. To conclude, the book provides a liberated African forum that can address conflicts in the content, with a call for the end of the ICC’s involvement in Africa. The demand is made for an African court that utilises non-colonising African norms which are uniquely suited to address local conflicts.Multidisciplinary in nature, this book will be of great interest to students and scholars of international criminal law, criminal justice, human rights law, African studies, global social justice, sociology, anthropology, postcolonial studies, and philosophy.
1 828 kr
Skickas inom 10-15 vardagar
Prison Segregation: The Limits of Law explores the use of segregation in English prisons by examining how law is used and experienced, and how human rights are upheld. It draws on empirical research, through interviews with staff and prisoners, to understand how law ‘works’ (or not) in a site of the prison, which is traditionally characterised by real imbalances of power.The book draws on one of the first research studies of its kind: an in-depth ethnographic study of law, culture and norms within the segregation unit. It adopts a socio-legal perspective to explore: (i) how segregation is and should be used in prisons, and how the law sets the parameters of that usage (in theory); (ii) the complex web of laws and rules, as applies to segregation, and their relationship with the actors responsible for their implementation; (iii) how laws and rules can be undermined by the culture and context within which they are implemented. It relies on the voices of prisoners and staff, as well as observations and descriptions, to bring experiences to life. The accounts from staff and prisoners – sometimes joyous, sometimes harrowing – provide a rich and rare insight into the segregation unit. It provides access to, and insights into, parts of our criminal justice system which are typically impenetrable. Whilst it is an academic study of law and power in segregation units (and prison more broadly), it is also a very human account of lived experiences.The book is multi-disciplinary in nature and will appeal to those with an interest in law, sociology, criminology and psychology. It will also appeal to those seeking to understand socio-legal research methods in the field of criminal justice. However, the book is also pragmatic and has a number of recommendations which would be of interest to practitioners, lawyers, prison managers and policy-makers.
534 kr
Skickas inom 10-15 vardagar
Prison Segregation: The Limits of Law explores the use of segregation in English prisons by examining how law is used and experienced, and how human rights are upheld. It draws on empirical research, through interviews with staff and prisoners, to understand how law ‘works’ (or not) in a site of the prison, which is traditionally characterised by real imbalances of power.The book draws on one of the first research studies of its kind: an in-depth ethnographic study of law, culture and norms within the segregation unit. It adopts a socio-legal perspective to explore: (i) how segregation is and should be used in prisons, and how the law sets the parameters of that usage (in theory); (ii) the complex web of laws and rules, as applies to segregation, and their relationship with the actors responsible for their implementation; (iii) how laws and rules can be undermined by the culture and context within which they are implemented. It relies on the voices of prisoners and staff, as well as observations and descriptions, to bring experiences to life. The accounts from staff and prisoners – sometimes joyous, sometimes harrowing – provide a rich and rare insight into the segregation unit. It provides access to, and insights into, parts of our criminal justice system which are typically impenetrable. Whilst it is an academic study of law and power in segregation units (and prison more broadly), it is also a very human account of lived experiences.The book is multi-disciplinary in nature and will appeal to those with an interest in law, sociology, criminology and psychology. It will also appeal to those seeking to understand socio-legal research methods in the field of criminal justice. However, the book is also pragmatic and has a number of recommendations which would be of interest to practitioners, lawyers, prison managers and policy-makers.
Domesticating International Criminal Law
Reflections on the Italian and German Experiences
Inbunden, Engelska, 2023
1 654 kr
Skickas
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice.Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system.Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.
Domesticating International Criminal Law
Reflections on the Italian and German Experiences
Häftad, Engelska, 2024
534 kr
Skickas inom 10-15 vardagar
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice.Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system.Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.
Racial and Prejudicial Stereotyping by Police
Its Impact on Investigative Interviewing and the Outcomes of Criminal Investigations
Inbunden, Engelska, 2024
1 954 kr
Skickas inom 10-15 vardagar
This book uncovers the influence of racial and prejudicial stereotyping during police investigation of suspects from stigmatised communities. It examines the under-researched aspect of whether and how negative stereotypes appear to influence the police interviews, investigative decision-making, and outcomes of criminal investigations when officers investigate individuals from stigmatised communities as suspects of crime.In the United Kingdom, the United States, and Europe, the war on terror has been argued to impact adversely on existing race relations policies in the aftermath of terrorist activity in both the United States and Europe. Recent research has suggested that changes in legislation and counterterrorism measures have contributed to the construction and reinforcement of the Muslim community as a suspect, which, in turn, may result in police bias and prejudice towards members of Muslim communities. Based on novel and groundbreaking research studies, the author examines whether such police bias could influence the police investigation and interviewing processes concerning individuals from the suspect community as well as the outcome of a criminal investigation.The author introduces the Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS), an instrument developed and used to assess the level of police interviewers’ racial and prejudicial stereotyping towards suspects from stigmatised groups, and maintains that its use would serve to minimise the influence of racial and prejudicial stereotypes on investigation. It is further suggested that the training of police officers on the implications of such prejudicial (racial/ religious) stereotyping is essential to improving interviewing performance, case outcomes, and community cohesion.This book will benefit academics, researchers, police officers, lawyers, social policy officers, and probation officers across the globe.
Racial and Prejudicial Stereotyping by Police
Its Impact on Investigative Interviewing and the Outcomes of Criminal Investigations
Häftad, Engelska, 2025
584 kr
Skickas inom 10-15 vardagar
This book uncovers the influence of racial and prejudicial stereotyping during police investigation of suspects from stigmatised communities. It examines the under-researched aspect of whether and how negative stereotypes appear to influence the police interviews, investigative decision-making, and outcomes of criminal investigations when officers investigate individuals from stigmatised communities as suspects of crime.In the United Kingdom, the United States, and Europe, the war on terror has been argued to impact adversely on existing race relations policies in the aftermath of terrorist activity in both the United States and Europe. Recent research has suggested that changes in legislation and counterterrorism measures have contributed to the construction and reinforcement of the Muslim community as a suspect, which, in turn, may result in police bias and prejudice towards members of Muslim communities. Based on novel and groundbreaking research studies, the author examines whether such police bias could influence the police investigation and interviewing processes concerning individuals from the suspect community as well as the outcome of a criminal investigation.The author introduces the Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS), an instrument developed and used to assess the level of police interviewers’ racial and prejudicial stereotyping towards suspects from stigmatised groups, and maintains that its use would serve to minimise the influence of racial and prejudicial stereotypes on investigation. It is further suggested that the training of police officers on the implications of such prejudicial (racial/ religious) stereotyping is essential to improving interviewing performance, case outcomes, and community cohesion.This book will benefit academics, researchers, police officers, lawyers, social policy officers, and probation officers across the globe.
Rethinking Online Anti-Gender Hate Speech
Legislation and Public Policy Making
Inbunden, Engelska, 2025
1 954 kr
Skickas inom 10-15 vardagar
Providing an innovative approach to understanding and addressing anti-gender hate speech, this book focuses on its effects on everyday life, how it is handled within legal frameworks, and how it challenges democratic principles.Unlike previous research, which is often limited to currently regulated forms of hate speech, this book is focused on gender-based hate speech, demonstrating its broader social and ideological impacts. By contextualising freedom of expression within democratic values, it offers a new framework for addressing anti-gender hate speech as a threat to both individual dignity and societal diversity. Through this lens, the authors highlight how anti-gender hate speech represents not only a breach of individual rights but also a structural challenge to democracy, requiring responses that reflect these dual dimensions. The book provides a unique contribution to both legal scholarship and democratic theory by rethinking the balance between gender equality and freedom of expression as cooperative as well as inherently contextual and inclusive.Rethinking Online Anti-Gender Hate Speech will be of great interest to students and scholars of Criminology, Law, Media and Communication, Sociology, and Women’s and Gender Studies.An electronic version of this book is freely available, thanks to the support of libraries working with Knowledge Unlatched (KU). KU is a collaborative initiative designed to make high quality books Open Access for the public good. The Open Access ISBN for this book is 9781003383062. More information about the initiative and links to the Open Access version can be found at www.knowledgeunlatched.org
1 954 kr
Skickas inom 10-15 vardagar
This book investigates the jurisdictions and strategies adopted by corporations, governments, and individuals in dealing with green criminology. It provides readers with an in-depth understanding of the issues contributing to climate change, the challenges caused, and the best practices for mitigation adopted by the selected countries. The book brings together experts on green criminology and climate justice from the South Asian Region, comprising both theoretical and empirical chapters. It specifically deals with the theoretical analyses of the role of mens rea and negligence in green criminology; non-speciest views on green criminology; green crimes such as illegal trade of wildlife, illegal waste dumping, and ecocide and carbon criminals; transnational green crimes; the role of corporations in green crimes; victims of green crimes and the mitigating strategies. The book focuses on overlapping environmental law and policy with corporate and governmental crimes against the environment and environmental justice movements, all based on criminological perspectives. Acting as a gateway of knowledge for students and academicians looking to delve deeper into the constantly evolving domain of green criminology, this book will be of great interest to those researching both criminology and law, as well as South Asian Studies more broadly.
1 828 kr
Skickas inom 10-15 vardagar
The Political Economy of Plea Bargaining provides the political, economic, and cultural context for understanding the evolution of plea bargaining as a juridical technology implemented to ensure the efficient administration of violations of criminal law.Across two parts, this book contends that the confluence of political, economic, and cultural factors necessary to enhance the legal preservation of the slave system and white supremacy spatiotemporally coincided with burgeoning Northern industrial capitalism and the liberty of contract doctrine, and that each was contextualized within hegemonic liberal republican ideology out of which grew the implementation of an efficient technology of juridical control achieving normative legal status – plea bargaining. It argues that, as with their predecessors, contemporary actors operating within the criminal legal system and who are responsible for administering plea bargaining are perpetuating a system reproducing a steering mechanism that historically constitutes a through line from Reconstruction to the present day. Following Von Mises, these actors serve as useful innocents, modern-day confused and misguided sympathizers. They are juridical actors who inherited and are perpetuating a system of conflict resolution that serves to maintain a form of social control uniquely situated to historically relevant political, economic, and cultural power in the United States.The Political Economy of Plea Bargaining will be important reading for legal and social science academics researching and practicing within the field of criminal law and procedure. It will also act as a valuable guide to the debates surrounding plea bargaining for students with a keen interest in criminal law.
496 kr
Skickas inom 10-15 vardagar
The Political Economy of Plea Bargaining provides the political, economic, and cultural context for understanding the evolution of plea bargaining as a juridical technology implemented to ensure the efficient administration of violations of criminal law.Across two parts, this book contends that the confluence of political, economic, and cultural factors necessary to enhance the legal preservation of the slave system and white supremacy spatiotemporally coincided with burgeoning Northern industrial capitalism and the liberty of contract doctrine, and that each was contextualized within hegemonic liberal republican ideology out of which grew the implementation of an efficient technology of juridical control achieving normative legal status – plea bargaining. It argues that, as with their predecessors, contemporary actors operating within the criminal legal system and who are responsible for administering plea bargaining are perpetuating a system reproducing a steering mechanism that historically constitutes a through line from Reconstruction to the present day. Following Von Mises, these actors serve as useful innocents, modern-day confused and misguided sympathizers. They are juridical actors who inherited and are perpetuating a system of conflict resolution that serves to maintain a form of social control uniquely situated to historically relevant political, economic, and cultural power in the United States.The Political Economy of Plea Bargaining will be important reading for legal and social science academics researching and practicing within the field of criminal law and procedure. It will also act as a valuable guide to the debates surrounding plea bargaining for students with a keen interest in criminal law.