Criminal law: procedure and offences Books

Trade Review'it is comprehensive, systematic, argued with a rigour and scrupulousness unmatched, let alone surpassed, in any comparable study' Times Literary Supplement

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Book SynopsisKathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.Trade ReviewMoore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. * M.A. Foley, Marywood College, Social and Behavioral Sciences *

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Book SynopsisAcross America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal? In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians Trade ReviewSimon has put together an unremitting wealth of detail concerning institutional, cultural and private life-world changes. * Rebecca Pates, Akademie Verlag *Table of ContentsIntroduction Crime and American Governance ; Notes ; Bibliography ; Index

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Book SynopsisThis book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, and the interrogation of suspects. He makes the point that language evidence can be as important as physical evidence, but yet does not enjoy the same degree of scrutiny by investigators, attorneys, and the courts. Beyond this, however, his more controversial thesis is that police frequently misuse or manipulate language, using various powerful controversial strategies, in order to intentionally create an impression of the targets'' guilt or even to get them to confess. attorneys, law enforcement officers, judges, and juries This book makes its case by analyzing a dozen criminal cases involving a variety of crimes, such as fraud, bribery, stolTrade ReviewCreating Language Crimes will easily fit into any undergraduate course on discourse analysis, and it will serve as an excellent primer for non-specialists who wish to understand how the study of language and the practice of law enforcement and investigation converge. * American Speech *Table of ContentsIntroduction Part I: Crimes, Conversational Strategies, and Language Power 1: How Language Crimes Are Created 2: Conversational Strategies Used to Create Crimes 3: The Power of Conversational Strategies Part II: Uses by Cooperating Witnesses 4: Overlapping, Ambiguity, and the Hit and Run in a Solicitation to Murder Case: Texas v. T. Cullen Davis 5: Retelling, Scripting, and Lying in a Murder Case: Florida v. Alan Mackerley 6: Interrupting, Overlapping, Lying, Not Taking "No" for an Answer, and Representing Illegality Differently to Separate Targets in a Stolen Property Case: US v. Prakesh Patel and Daniel Houston 7: Eleven Little Ambiguities and How They Grew in a Business Fraud Case: US v. Paul Webster and Joe Martino 8: Discourse Ambiguity in a Contact Fraud Case: US v. David Smith 9: Contamination and Manipulation in a Bribery Case: US v. Paul Manziel 10: Scripting by Requesting Directives and Apologies in a Sexual Misconduct Case: Idaho v. J. Mussina Part III: Uses by Law Enforcement Officers 11: Police Camouflaging in an Obstruction of Justice Case: US v. Brian Lett 12: Police Camouflaging in a Purchasing Stolen Property Case: US v. Tariq Shalash 13: A Rogue Cop and Every Strategy He Can Think Of: The Wenatchee Washington Sex Ring Case 14: An Undercover Policeman Uses Ambiguity, Hit and Run, Interrupting, Scripting, and Refusing to Take "No" for an Answer in a Solicitation to Murder Case: The Crown v. Mohammed Arshad 15: Manipulating the Tape, Interrupting, Inaccurate Restatements, and Scripting in a Murder Case: Florida v. Jerry Townsend Part IV: Conversational Strategies as Evidence 16: Eight Questions about the Power of Conversational Strategies in Undercover Police Investigations References Cited Cases Cited Index

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Book SynopsisForensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful glossary of key terms for the particular topic In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.Trade Review"This is an excellent book that provides a concise overview of evaluating competence to stand trial. The authors highlight the most important points and walk readers through the evaluation and testimony process, combining research with practice. Novice clinicians will gain much from the insights in this book, and seasoned veterans will not be disappointed."--Doody's

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Book SynopsisIn this illuminating history that spans past campaigns against piracy and slavery to contemporary campaigns against drug trafficking and transnational terrorism, Peter Andreas and Ethan Nadelmann explain how and why prohibitions and policing practices increasingly extend across borders. The internationalization of crime control is too often described as simply a natural and predictable response to the growth of transnational crime in an age of globalization. The internationalization of policing, they demonstrate, primarily reflects ambitious efforts by generations of western powers to export their own definitions of crime, not just for political and economic gain but also in an attempt to promote their own morals to other parts of the world. A thought-provoking analysis of the historical expansion and recent dramatic acceleration of international crime control, Policing the Globe provides a much-needed bridge between criminal justice and international relations on a topic of crucial puTrade ReviewThis book is essential reading for anyone interested in the policing of transnational crime * the dark side of globalization.George Soros, Open Society Institute *This is the book we have been waiting for since 9/11 * a historically rich, thematically cogent, politically nuanced, up-to-date analysis of the international politics of policing. Andreas and Nadelmann provide an authoritative account with extraordinary insights.Peter J. Katzenstein, Cornell University *This book sets a new standard in our understanding of international policing as it addresses some of the central worries of our time. * Jorge I. Dominguez, Harvard University *Policing the Globe is an important and interesting read not only for international relations scholars and criminologists, but also for a wider public. * Anne-Marie Slaughter, Princeton University *Policing the Globe is an absolutely first-rate examination of a subject as vastly important to international relations as it is to criminal law. A subject that cannot continue to be ignored has received the treatment it deserves. * Philip B. Heymann, Harvard University *Every serious student of international organized crime in particular and international crime control in general should make the reading of Policing the Globe by Peter Andreas and Ethan Nadelmann a priority. * Michael Woodiwiss, International Criminal Justice Review *Table of ContentsINTRODUCTION: THE INTERNATIONALIZATION OF CRIME CONTROL ; The History and Study of International Crime Control ; Narratives of International Crime Control ; The Plan of the Book ; ONE: CRIMINALIZATION THROUGH GLOBAL PROHIBITIONS ; The Nature and Evolution of Global Prohibitions ; Piracy and Privateering ; Slavery and the Slave Trade ; Prostitution ("White Slavery") ; International Drug Trafficking ; Endangered Species ; New and Emerging Global Prohibitions ; TWO: EUROPEAN ORIGINS OF INTERNATIONAL CRIME CONTROL ; The "High Police" and the "Low Police" ; The Emergence of International Criminal Law Enforcement in Europe ; The Development of Criminal Investigative Bodies ; Multilateralism in European Policing ; The Origins of Interpol ; The Modern Era of European Police Cooperation ; THREE: U.S. ORIGINS OF INTERNATIONAL CRIME CONTROL ; The Beginnings of U.S. Involvement in International Crime Control ; Policing Slavery ; The Emergence of Federal Law Enforcement ; Policing Borders ; The Early International Law Enforcement Activities of City Police ; The Early Years of U.S. Drug Enforcement Abroad ; The FBI Abroad ; The Activities of Other U.S. Law Enforcement Agencies Abroad ; The Internationalization of Evidence Gathering ; International Asset Forfeiture and Anti-Money Laundering Initiatives ; The International Rendition of Fugitives ; Continuity and Change in U.S. International Crime Control ; FOUR: INTERNATIONAL CRIME CONTROL AFTER THE COLD WAR ; From Cold War to Crime War: The Fusion of U.S. Policing and Security ; The Buildup of U.S. Border Controls ; Beyond the Border: The Expanding Global Reach of U.S. Law Enforcement ; Policing an Integrating Europe after the Cold War ; Shifting Security Concerns and the Making of "Schengenland" ; Turning the EU's Eastern Neighbors into Buffer Zones ; Building EU Law Enforcement Institutions ; FIVE: INTERNATIONAL CRIME CONTROL AFTER SEPTEMBER 11 ; Expanding U.S. Policing Powers in a New Security Context ; From the U.S.-Led War on Drugs to the War on Terror ; Hardening, Internationalizing, and Digitizing U.S. Border Controls ; The Return of Counterterrorism to Center Stage in European Policing ; The Growth of Transatlantic Law Enforcement Cooperation ; SIX: PAST, PRESENT, AND FUTURE TRAJECTORIES ; The Primacy of Criminalization ; Homogenization and the Future of Global Prohibitions ; Regularization and the Fate of International Police Cooperation ; Securitization and Desecuritization ; The Europeanization of International Crime Control ; The Americanization of International Crime Control ; State Power, Globalization, and Transnational Crime ; Lessons and Implications ; Notes ; Index

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Book SynopsisThe rules governing who will be punished and how much determine a society''s success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried. He ultimately proposes a principle for distributing criminal liability and punishment that will be most likely to do justice and control crime. Paul Robinson, is one of the world''s leading criminal law experts. He has been writing about criminal liability and punishment issues for three decades, and has published dozens of influential articles in the best scholarly journals. This long-awaited volume is a brilliant synthesis of social science research and legal reasoning that brings together three decades of work in a compelling line of argument that addresses all of the important issues in assessing liability and punishment.Table of ContentsChapter 1. Distributing Criminal Liability and Punishment ; Chapter 2. The Need for an Articulated Distributive Principle ; Chapter 3. Does Criminal Law Deter? ; Chapter 4. Deterrence as a Distributive Principle ; Chapter 5. Rehabilitation ; Chapter 6. Incapacitation of the Dangerous ; Chapter 7. Competing Conceptions of Desert: Vengeful, Deontological, and Empirical ; Chapter 8. The Utility of Desert ; Chapter 9. Restorative Justice ; Chapter 10.The Strengths & Weaknesses of Alterative Distributive Principles ; Chapter 11.Hybrid Distributive Principles ; Chapter 12. A Practical Theory of Justice: Proposal for a Hybrid Distributive Principle Centered on Empirical Desert ; Index

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Book SynopsisWhat happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword whiTable of Contents1. Prosecutorial Discretion: Power and Privilege ; 2. The Power to Charge ; 3. Let's Make a Deal: The Power of the Plea Bargain ; 4. Prosecutor and the Victims of Crime ; 5. Prosecutor and the Dealth Penalty ; 6. Federal Prosecutors and the power of the Attorney General ; 7. Prosecutorial Misconduct: the Abuse of Power and Discretion ; 8. Prosecutorial Ethnics ; 9. Prosecutorial Responsibility ; 10. Prospects for Reform ; Afterword ; Notes

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Book SynopsisAcross America today, gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal? In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicianTrade Review"Ambitious and carefully reasoned... thought-provoking... argues that what sociologists are calling "mass imprisonment" (because such a large portion of the population is now involved) signals not only a new approach to managing crime, but to managing society... The most innovative sections of his book, however, outline how an increasingly insular, risk averse, and punitive social ethic has reshaped not only how the other half lives but how the top half does as well."--Boston Review "Every thoughtful citizen should confront the arguments that are so lucidly presented in this book. Highly recommended." --CHOICE "In Governing through Crime, Jonathan Simon powerfully and persuasively argues that America's obsession with crime has touched, indeed distorted, the fundamental building blocks of our democratic society. According to this sweeping analysis, our conception of the centrality of crime in American life has redefined the powers of government, the role of families and schools, and the place of the individual in society. This disturbing and provocative treatise should command the attention of scholars, opinion leaders, and policymakers who aspire to create a more tolerant and open future for this country."--Jeremy Travis, President, John Jay College of Criminal Justice "For historians, this book will one day be a valuable primary source."--Law and History Review "Distinguished legal scholar Jonathan Simon here challenges us to confront the consequences for liberal democracy of the move in the U.S. towards the exercise of ever more executive authority--from the presidency and the institutions of state through schools and families. Governing through Crime, argues Simon with unrelenting cogency, is a response to risk and fear spun out of control, a response that erodes social trust and, with it, the very scaffolding of a 'free' society. An invaluable addition to the literature in critical criminology, this is a volume that ought to be read by anyone who seeks to understand the present and future of governance in the USA--and elsewhere."--John Comaroff, Harold H. Swift Distinguished Service Professor, University of Chicago "Jonathan Simon has pioneered a new approach to the study of the politics of crime control, and this book should confirm his place as one of the outstanding criminologists of his generation. Governing through Crime, is a major contribution and deserves to make an impact throughout the social and political sciences."--Nikolas Rose, Martin White Professor, London School of Economics and Political Science "This is an impressive work. The book's great strength is its integration of a wide range of research on political science, law, and sociology, with journalistic accounts of current and recent politics. Topics from mass imprisonment, school "zero tolerance" policies, and the shortcomings of the Supreme Court in achieving the goals of Brown v. Board of Education have all been written about extensively. But I know of no other work that so effectively uncovers ways that these issues are connected to a changing relationship between citizens and their government."--The Law and Politics Book Review "What makes Simon's work stand out is his treatment of how the government's configuration of the crime problem, with its strong emphasis on 'personal responsibility and will over social context' (p.25) and its penchant for punishment of individuals, has penetrated other institutional spheres of American life, notably work, school, and family life... His book stands out as the most important and most readable treatment to date on the overreach of crime and our emergence, in part, as a society gripped by the language of crime and the technologies of criminal justice."--Political Science Quarterly "Simon's main focus is diagnostic, not prescriptive. He does not propose a detailed blueprint to end governing through crime, but rather suggests some guideposts."--Law & Social InquiryTable of Contents1. Power, Authority, and the Criminal Law ; 2. "Prosecutor-in-chief": Executive Authority since the War on Crime ; 3. We the Victims: Fearing Crime and Making Law ; 4. Judgment and Distrust: The Jurisprudence of Crime and the Decline of Judicial Governance ; 5. Project Exile: Race, the War on Crime, and Mass Imprisonment ; 5. Project Exile: Race, the War on Crime, and Mass Imprisonment ; 5. Project Exile: Race, the War on Crime, and Mass Imprisonment ; 6. Crime Families: Governing Domestic Relations Through Crime ; 7. Safe Schools: Reforming Education Through Crime ; 8. Penalty Box: Crime, Victimization, and Punishment in the Deregulated Workplace ; 9. Wars of Governance: From Cancer to Crime to Terror

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Book SynopsisThe author has taken the opportunity presented by the production of this new paperback edition to revise parts of the text and add a substantial postscript which brings the text up to date. This important work was hailed by scholars worldwide as the most significant recent work on restitution, and a landmark in the development of our understanding of this difficult subject. Students and scholars of common and civil law will welcome this paperback which brings the work to a wider readership.`The book amply repays close attention...both for its wealth of detail and for its perspicuous organisational principles''.Ethics `This is an impressive and challenging book that will be read and debated by legal scholars for some years''.Social SciencesTrade Review`...a remarkable and important book. Students will be fascinated with the rigour and challenge of its academic analysis ... The reason why this book should be on everyone's shelf, and read, is that it forces one to think and think again. Its clarity of thought - and language - provides us with the discipline, as well as the assistance, to see this perplexing and sometimes intransigent area of law in a refreshing way.'Lloyd's Maritime and Commercial Law Quarterly`...lively and well-written book...a powerfully argued and sophisticated piece of work which shows beyond doubt that there is an independent class of claims generated by the receipt of a benefit.'Times Higher Education Supplement April 1986Table of ContentsDefinition; differentiation; techniques and measures; organization; enrichment at the plaintiff's expense; non-voluntary transfer - vitiation; - qualification; free acceptance; miscellaneous cases - policy-motivated restitution; restitution for wrongs; the second measure of restitution; defences.

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Book SynopsisExamining the underlying theory of evidence in Anglo-American legal systems, this book describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. It develops a theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth.Trade Reviewthe most provocative of evidence books ... constitutes the most sophisticated and persuasive argument for enormously enhanced legal control over the evidentiary process in recent memory, and stands in marked contrast to the progression of the law of evidence in the Anglo-American world...Foundational to [Stein's] call for intense control over the evidentiary process is his deep insight that rules of evidence do not just do what they purport to do; they also allocate error, like it or not. He is right on this point... [he] articulates an elegant unified theory of evidence law ... From these theoretical perspectives, he brilliantly critiques various evidentiary rules...[and] provides a creative theoretical foundation for both civil and criminal litigation. * Ronald J. Allen, 27 Law & Philosophy (2008) *Without sharing all positions of Prof. Stein ... one has to salute the effort accomplished to prevent the law of evidence from oozing away in the lazy folds of the Cartesian spirit. * Rafael Encinas de Munagorri, 2-2007 Revue Internationale de Droit Compare 457 (in French) *Alex Stein may be the Ronald Dworkin of evidence law. Foundations of Evidence Law ... offers an alternative to Bentham's influential evidentiary views...Like Dworkin's theory of law generally, Stein attempts to locate and justify the law of evidence within the domain of political morality, that is, to legitimate and justify the coercive state authority that the law of evidence helps to initiate. [The] "foundations" that Stein articulates seek to describe and explain... Anglo-American evidentiary practices in light of a few broad principles that in turn justify the practices in terms of political morality...a significant book [that] offers unique and powerful arguments regarding virtually every important evidentiary issue, and it pushes the debates regarding these issues forward. * Michael S. Pardo in 5(2) International Commentary on Evidence (2007) *Foundations of Evidence Law ... represents an important first attempt to base evidence doctrine on something more than armchair psychology, to provide a justification for and conceptual unity to what has hitherto been regarded as an incoherent patchwork of historical hangovers from outdated assumptions about fact-finding, and to make clear the value of probability theory. As such, it deserves to be read and engaged with by all evidence scholars, whether interested in evidence law alone or more widely in the processes of proof. * Donald Nicolson, Legal Studies *...Although this book contains much that is challenging and controversial, there can be little doubt that it is one of the most significant and stimulating monographs on evidence law to have been published in recent years. * Roderick Bagshaw, Law Quarterly Review 168, 172, 2007 *[Foundations of Evidence Law] attempt[s] the monumental task of combining the contributions of the New Evidence Scholarship with those of doctrinal evidence lawyers and those who see evidence as encapsulating social values. Even works of partial synthesis are rarely encountered, and so Stein is to be congratulated on not only making an attempt to square the whole circle, but on making such a credible attempt. ... Stein has provided us with an extremely thoughtful and thought-provoking theory of evidence law. Both his objective and his conclusions are bold, and the reader is forced at every stage in the argument to consider whether she accepts the line that Stein takes, and why. Even if one does not accept that Stein's theory is uniquely correct, it is difficult not to accept that it is at least valid. * Deirdre M. Dwyer, 5 Law, Probability and Risk 75 at 79 & 85 (2006). *Table of ContentsACKNOWLEDGEMENTS ; PREFACE ; I. GROUNDWORK ; II. EPISTEMOLOGICAL COROLLARY ; III. UNDERSTANDING THE LAW OF EVIDENCE THROUGH PARADOXES OF RATIONAL BELIEF ; IV. EVIDENCE LAW: WHAT IS IT FOR? ; V. COST-EFFICIENCY ; VI. ALLOCATION OF THE RISK OF ERROR IN CRIMINAL TRIALS ; VII. ALLOCATION OF THE RISK OF ERROR IN CIVIL LITIGATION

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Book SynopsisThese essays deal with the academic discipline of law as an enterprise that includes not only education, but also scholarship, legal theorizing, and the production of legal literature. They result in an exploration of the study of law and a reappraisal of the role, culture, and practices of law schools.Trade ReviewI found this book... quite inspirational ... Professor Twining has covered a large canvas in this collection of essays. He has done so in both a clear and engaging manner ... written with a refreshing breadth of vision ... this is a book which sums up in an engagingly personal way most of the important developments in legal education in the past forty years... * J. P. S. McLaren, Faculty of Law, University of Victoria, British Columbia, La Revue du Barreau Canadien, vol. 77, 1998. *Table of Contents1. Introduction ; 2. The Camel in the Zoo ; 3. Reflections on Law in Context ; 4. Pericles and the Plumber ; 5. 1836 and All That ; 6. Taking Facts Seriously ; 7. Evidence and Legal Theory ; 8. Theory in the Law Curriculum ; 9. Legal Skills and Legal Education ; 10. Karl Llewellyn and the Modern Skills Movement ; 11. Reading Law ; 12. The Reading Law Cookbook ; 13. Preparing Lawyers for the Twenty-first Century ; 14. What are Law Schools For? ; 15. Pericles Regained? ; 16. A Nobel Prize for Law?

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Book SynopsisThis book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state''s use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state''s use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limitTrade Review'Preventive Justice is an impressive and unprecedented contribution to legal and criminal justice scholarship ... The book represents a vital first step on a, hopefully unavoidable, path towards a serious and critical appreciation of the role of prevention both in law and in liberal society more broadly' * Henrique Carvalho, Modern Law Review *'Among the many scholars who have turned their attention to this phenomenon, Andrew Ashworth and Lucia Zedner are probably the most influential ... Their monograph has accordingly been awaited eagerly; and it does not disappoint. Conceptually elegant, beautifully written, it not only maps out the contours of this emerging field of criminalization but also sets the recent developments within a much-needed historical context ... The book is a considerable achievement ... In Preventive Justice, Ashworth and Zedner have provided not only an excellent piece of scholarship in its own right, but a compelling case for an analytic focus on preventive criminalization.' * Nicola Lacey, British Journal of Criminology *'Ashworth and Zedner's Preventive Justice is the culmination of a project running over several years ... It is historically and theoretically informed and thoroughly convincing ... The authors' work is simultaneously groundbreaking and of direct practical application, and deserving of considerable praise.' * James Chalmers, Edinburgh Law Review *Table of Contents1. Introduction: the State and Coercive Preventive Measures ; 2. The Historical Origins of the Preventive State ; 3. Prevention, Policing and Criminal Procedure ; 4. Civil Preventive Orders ; 5. Preventive Offences in the Criminal Law: Rationales and Limits ; 6. Risk Assessment and the Preventive Role of the Criminal Court ; 7. Preventive Detention of the Dangerous ; 8. Counter-Terrorism Laws and Security Measures ; 9. Public Health Law, Prevention and Liberty ; 10. Prevention and Immigration Laws ; 11. Conclusions: the Preventive State and its Proper Limits ; Bibliography

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Book Synopsis'Rethinking the Reasonable Person' investigates whether there are deeper foundations to criticisms of whether the "reasonable person" concept presupposes contested notions of 'normal' behaviour and therefore may discriminate against certain classes of defendant, discussing how the legal standard might be reconstructed in a more egalitarian way.Trade ReviewThe author dissects the concept of the reasonable person with intelligence and wit. ... This excellent book will no doubt be at the centre of debates about the reasonable person standard for some considerable time to come. * European Tort Law 2003: Tort and Insurance Law Yearbook *Table of ContentsiIntroduction Personal Problems: Rethinking the Reasonable Person ; One Living on the Fault Line: The Reasonable Person and the Developmentally Disabled ; Two 'Boys Will Be Boys': The Child Defendant and the Objective Standard ; Three Entrapment and Temptations ; Four Just the Facts: Common Sense Ideas of the Normal and the Reasonable Person ; Five Ordinary Prudence, Equality, and the Rule of Law ; Six Are Objective Standards Worth Saving? Exploring the Feminist Debates ; Seven Culpability and the Objective Standard:The Sexual Assault Debate ; Eight Moving Towards a Solution: An Egalitarian Objective Standard ; TABLE OF CASES ; TABLE OF LEGISLATION ; BIBLIOGRAPHY

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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers.For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart''s arguments, and explaining the continuing importance of Hart''s ideas in spite of the inte

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Book SynopsisHighly popular with both the public and political leaders, community policing is the most important development in law enforcement in the last twenty-five years. But does community policing really work? Can police departments fundamentally change their organization? Can neighborhood problems be solved? In the early 1990s, Chicago, the nation''s third largest city, instituted the nation''s largest community policing initiative. Wesley G. Skogan here provides the first comprehensive evaluation of that citywide program, examining its impact on crime, neighborhood residents, and the police.Based on the results of a thirteen-year study, including interviews, citywide surveys, and sophisticated statistical analyses, Police and Community in Chicago reveals a city divided among African-Americans, Whites, and Latinos. By looking at the varying effects community policing had on each of these groups, Skogan provides a valuable analysis of what works and why. As the use of community policing increTrade Review"A landmark study of the social, political and institutional contexts of Chicago's community policing initiative. Skogan identifies critical challenges facing city leaders to democratize policing while confronting widening racial breaches in public confidence in the police. A must-read for big city mayors and police chiefs."--Jeffrey Fagan, Columbia University "Fortunately, when Chicago unveiled the country's most ambitious community policing experiment, Wesley Skogan and his team launched an equally ambitious evaluation. The result is a rich, rigorous and provocative analysis, carefully constructed over a decade, that sheds light on the profound challenges facing policing in America--how to simultaneously build public trust, reduce crime, and support urban renewal, while confronting deep racial divides and powerful demographic forces. This elegant and insightful account will stand as a landmark in the literature of police reform, with lessons for police leaders and elected officials alike."--Jeremy Travis, John Jay College of Criminal Justice "In a time when public sector innovation is either excessively hyped or cynically rejected, Skogan brings a refreshing balance and candor to his assessment of Chicago's extraordinary efforts to implement community policing. The book provides essential insights into what worked, what didn't, and why, and offers valuable lessons to be learned from Chicago's experience."--Stephen Mastrofski, George Mason University "Wesley Skogan's book is an account of an extraordinary study of an equally extraordinary program--community policing in Chicago. His evaluation is notable for its thoroughness and its independence from those principally involved in developing and implementing the program. The program is notable for the character of the city in which it was established--its demographics and politics--as well as the nature and quality of the program itself."--The Law and Politics Book Review "Any study of this magnitude will produce a wealth of data. Thankfully, this one has also produced a book of balance and insight."--Law and Society ReviewTable of ContentsList of Figures and Tables ; Acknowledgments ; 1 Community Policing ; 2 Crime, Police and the Three Chicagos ; 3 Reengineering the Police ; 4 Involving the Community ; 5 Representing the Community ; 6 Tackling Neighborhood Problems ; 7 Trends in Neighborhood Problems ; 8 Trends in Crime and Fear ; 9 Police and the Public ; 10 How did Chicago Do?

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Book SynopsisTheir War Stories, along with the stories of 13 other students in a Western Civilization class, are chronicled here by the teacher who earned their respect and trust while tracing the paths that brought them together behind the walls of a maximum security prison.Americans are vitally concerned about crime.Table of ContentsInside the Gulag Rashid Strangers Delloyd X The Power of the Word "Gregory" Ethiop Jeffrey History Lessons Mazar Other Voices The System Bibliography Index

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Book SynopsisCriminalisation.- Grounds for (Principles of) Criminalisation.- Harm Principle A Comparative Analysis.- Continental Counterparts to the Anglo-American Concept of the Harm Principle.- Conclusion Final Evaluation.- Some Criminological Afterthoughts.Table of ContentsI. Introduction The thesis’ starting point and aim The method The structure The main starting hypotheses II. Criminalisation III. Grounds for (principles of) criminalisation Anglo-American legal system Legitimisation of the State Balancing approach Principled approach 1. Harm principle 2. Offence principle 3. Legal paternalism 4. Legal moralism Limitations on the principles of criminalisation Continental legal system Evaluation The legitimate grounds IV. Harm principle – A comparative analysis The definition of the harm principle Mill’s ‘Principle of Liberty’ Feinberg’s ‘Harm Principle’ The elements of the harm principle State intervention Causes or likely to cause (harm) (Harm) to others Mediating maxims The notion of ‘harm’ and translation equivalents The Anglo-American system 1. The formulation (the concept) 2. The substance (the conception) and the categorising of harm/seriousness of crime 3. Harm – victim 4. The a contrario and relational definition The Continental system – with emphasis on Slovenian and German criminal law The functions of the harm principle Limiting and delimiting A tool for criminal policy An aid to other criminal legal principles A post-delictum tool The nature of the harm principle Problems and open questions of the harm principle Problems with ‘harm’ Relationship harm – culpability The indeterminate scope 1. Self-regarding v. Other-regarding area 2. Not a ‘sufficient’ reason Potential for abuse (abusability of the harm principle) Some other criticisms Limitingfactors/principles V. Continental counterparts to the Anglo-American concept of the harm principle The Continental ‘general paradigm of the criminal offence’ Material unlawfulness – Wrong(ful)ness – Rechtswidrigkeit (Social) dangerousness Legal goods (Rechtsgüter) 1. The concept 2. The juxtaposition with the concept of harm 3. The history 4. Various schools of Rechtsgut theorists 5. The ‘legality’ of legal goods 6. Additional questions 7. Evaluation Classical criminal legal principles The legality principle The ultima ratio principle Proscribed consequence VI. Conclusion – Final evaluation The absence of a counterpart The appeal of the harm principle (In)sufficiency of the principle Feasibility of reception The mode of reception VII. Some criminological afterthoughts VIII. Bibliography

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Book SynopsisA comprehensive guide to religious discrimination and hatred legislation, this book, by a practising barrister, offers an accessible examination of this controversial area, using a variety of practical examples covering all forms of religious belief.Table of Contents1. What is a Religion? 2. Religion and Human Rights 3. Religious Discrimination 4. Religious Discrimination in Employment 5. Religious Discrimination in Education 6. Religious Harassment 7. Religious Crimes 8. Religious Hatred

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Book SynopsisPrison is unquestionably one of the most sex-segregated of all social institutions. From the first incarnations of the carceral project more than two centuries ago, reformers and penologists earnestly turned their attention to the construction of ''Christian gentlemen'' and ''respectable ladies''. Vestiges of these projects remain to the present day, though often in radically different forms. Academic work exploring the construction of prison related gender has been a relatively recent development within the last quarter century. Included in this volume are twenty-two key articles exploring prison history, the state and gendered social control, gender and work in prisons and the gendered experience of incarceration. The introductory essay places these areas in the context both of more conventional sociologies of gender (highlighting both masculinities and femininities) and traditional scholarship on the prison, arguing for a return of this increasingly important social institution froTable of ContentsContents: Series preface; Introduction. Gender and Prison History: Penitence for the privileged: manhood, race and penitentiaries in early America, Mark E. Kann; Race, gender and prison history: from the convict lease system to the supermax prison, Angela Y. Davis; 'One female prisoner is of more trouble than 20 males': women convicts in Illinois prisons, 1835-1896, L. Mara Dodge; Wretched, hatless and miserably clad: women and the inebriate reformatories from 1900-1913, G. Hunt, J. Mellor and J. Turner; Following the rules? Women's responses to incarceration, New Zealand, 1880-1920, Bronwyn Dalley; Situating sex: prison sexual culture in the mid-20th century United States, Regina G. Kunzel; A brief history of doing time: the California Institution for Women in the 1960s and the 1990s, Rosemary Gartner and Candace Kruttschnitt. Gender, the State and Regimes of Control: Prisons that empower: neo-liberal governance in Canadian women's prisons, Kelly Hannah-Moffat; Homeboys, babies, men in suits: the State and the reproduction of male dominance, Lynne Haney; Embodied surveillance and the gendering of punishment, Jill A. McCorkel ; Gender theory and prison sociology: using theories of masculinities to interpret the sociology of prisons for men, Carolyn Newton. Gender and Work in Prison: Gendered organizational logic: policy and practice in men's and women's prisons, Dana M. Britton; Women doing a man's job: female prison officers working in a male prison, Louise Farnsworth ; A man's world: gender issues in working with male sex offenders in prison, Malcolm Cowburn; Cat fights and gang fights: preference for work in a male-dominated organization, Dana M. Britton. Gender and the Experience of Incarceration: Doing her own time? Women's responses to prison in the context of the old and the new penology, Candace Kruttschnitt, Rosemary Gartner and Amy Miller; Tougher than the rest? Men in prison, Joe Sim; Re/constructing black masculinity in prison, M. Nandi; Resistance

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Book SynopsisRepresenting over four decades of work, this monograph by historian Mark H. Haller includes his work on organized crime in Chicago. This book incorporates Haller’s critique of the Mafia model of organized crime and his elaboration of the illegal enterprise model of gangsters and their role in the American subeconomy.Trade ReviewThis book is well suited for undergraduate classes within criminology or criminal justice programs that focus on policy. The language in the book is written in a manner that citizens outside of criminology will benefit as well. . . .For those in the criminology field, most well-trained criminologists will be familiar with several of the examples of well-documented programs and studies provided in the book, such as problem-oriented policing and drug treatment courts. . . .Mathew Yeager has given us a worthy compendium of Haller's major work and contributions on the subject of how organized crime is actually organized, including some of Haller's publications which are now difficult to find. * Criminal Law and Criminal Justice Books *It is organized to showcase three of Haller’s unique contributions to the field: rediscovery and highlighting of the circumstances and content of John Landesco’s 1929 study of organized crime in Chicago; a description and commentary on the activities of the Angelo Bruno family in Philadelphia; and an analysis...of Illegal Enterprise accompanied by studies of three particular businesses, gambling, loan sharking and bootlegging. They are tied together through Haller’s self-perception "as a social scientist, using the tools of a trained historian".... [I]f I were designing an introductory course in Organized Crime, Illegal Enterprise would be one of the books on my recommended reading list. * Trends In Organized Crime *Table of ContentsPart I: Chicago Chapter 1: Illinois Association for Criminal Justice Chapter 2: John Landesco and the Illinois Crime Survey (1929) Chapter 3: Organized Crime in Urban Society: Chicago in the Twentieth Century (1971) Chapter 4: Biographical Sketches: Al Capone, Jack Guzik, Arnold Rothstein, Meyer Lansky and Max Hoff; Definition of Organized Crime Part II : Philadelphia Chapter 5: Philadelphia Bootlegging and the Report of the Special August Grand Jury (1985) Chapter 6: The Bruno Family of Philadelphia: Organized Crime as a Regulatory Agency (1994) Chapter 7: Loansharking in Philadelphia: Social Control in an Illegal Enterprise (1992) Part III - Illegal Enterprise Theory Chapter 8: The Changing Structure of American Gambling in the Twentieth Century (1979) Chapter 9: Loansharking in American Cities: Historical Analysis of a Marginal Enterprise (1977) Chapter 10: Bootleggers as Businessmen: From City Slums to City Builders (1985) Chapter 11: Illegal Enterprise: A Theoretical and Historical Interpretation (1990) Subject Index

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