Criminal law: procedure and offences Books

Book SynopsisCriminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present. The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.Trade ReviewOverall, this book provides well-crafted explanations for key concepts that developed from cases in the British criminal law system and practiced in Commonwealth countries ... an interesting read and a valuable addition to the reference literature for both academics and practitioners who wish to view from a fresh angle the classic textbook cases that they thought they knew very well. -- Hyo Won Kang * New Journal of European Criminal Law *Table of Contents1. Landmark Cases and Wider Themes in Criminal Law Philip Handler, Henry Mares and Ian Williams 2. The Carrier’s Case (1473) Ian Williams 3. R v Saunders and Archer (1573) John Baker 4. R v Jones (1703) Simon Stern 5. R v Bembridge (1783) Jeremy Horder 6. R v Shipley (1784): The Dean of St Asaph’s Case K Crosby 7. M’Naghten’s Case (1843) Arlie Loughnan 8. R v Flattery (1877) Rebecca Williams 9. DPP v Beard (1920) Philip Handler 10. R v Jordan (1956) David Ibbetson 11. Shaw v DPP (1961) Henry Mares 12. DPP v Morgan (1975) Lindsay Farmer 13. Whitehouse v Lemon, Whitehouse v Gay News Ltd (1979) J R Spencer 14. R v Hancock and Shankland (1986) Matthew Dyson 15. R v Howe (1987) Findlay Stark 16. R v Brown (1993) Jonathan Herring

Read more less

Book SynopsisTraditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR’s coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.Trade ReviewThis volume is an excellent example of a critical examination of the jurisprudence of the ECHR. It not only provides clarity about their guidelines, justification and implications in an area that is gaining in importance, but also provides impetus for further development as well as references to possible limits and risks of the concept of criminal law protection obligations. -- Philip Czech * Newsletter Menschenrechte (Bloomsbury translation) *This volume demonstrates, in a holistic way, how coercive human rights duties have inevitably generated tensions with some of the more ‘orthodox’ concerns of human rights law … It also offers a solid basis from which to reappraise concrete developments related to the criminal law (enforcement) tools that are capable of affording effective redress for human rights violations and determine individual criminal liability. * Europe des Droits & Libertés *Table of Contents1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights Natasa Mavronicola and Laurens Lavrysen PART I KEY THREADS IN ECtHR DOCTRINE 2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights Laurens Lavrysen 3. Positive Obligations and Coercion: Deterrence as a Key Factor in the European Court of Human Rights’ Case Law Paul Lemmens and Marie Courtoy PART II PERSPECTIVES ON VICTIMS’ PROTECTION AND REDRESS 4. Retribution through Reparations? Evaluating the European Court of Human Rights’ Jurisprudence on Gross Human Rights Violations from a Victim’s Perspective Alina Balta 5. Shaping Coercive Obligations through Vulnerability: The Example of the ECtHR Corina Heri 6. Criminal Law Responses to Hate Speech: Towards a Systematic Approach in Strasbourg? Stephanos Stavros PART III CRITICAL REFLECTIONS: THEORY, IMPACT, LIMITATIONS 7. Positive Obligations in View of the Principle of Criminal Law as a Last Resort Nina Peršak 8. Sowing a ‘Culture of Conviction’: What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights? Mattia Pinto 9. Coercive Overreach, Dilution and Diversion: Potential Dangers of Aligning Human Rights Protection with Criminal Law (Enforcement) Natasa Mavronicola 10. Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 ECHR Vladislava Stoyanova 11. The Limitations of a Criminal Law Approach in a Transitional Justice Context Brice Dickson PART IV UNCHARTED WATERS FOR THE ECtHR’S COERCIVE DUTIES DOCTRINE 12. Preventive Obligations, Risk and Coercive Overreach Liora Lazarus 13. Coercive Human Rights and Unlawfully Obtained Evidence in Domestic Criminal Proceedings Kelly M Pitcher Postscript: Coercive Human Rights in Times of Coronavirus Natasa Mavronicola and Laurens Lavrysen

Read more less

Book SynopsisThis book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.Trade ReviewThe chapters are carefully selected and take up the topic in a very detailed manner. They are well connected and well-tuned, without being overly repetitive. Instead, the reader gains an insightful understanding of international, European, and national legislation at the intersection of criminal and migration law. -- Lisa Marie Borrelli * Criminal Law and Criminal Justice Books *The result of the volume, especially in its most comprehensive and effective chapters, is evident and entirely worthy. * Common Market Law Review *Table of ContentsIntroduction Gian Luigi Gatta, Universita degli Studi di Milano, Italy, Valsamis Mitsilegas, Queen Mary University of London, UK and Stefano Zirulia, Universita degli Studi di Milano, Italy PART I THE CRIMINALISATION OF MIGRATION: FRAMING THE DEBATE 1. Assessing Migration Management and the Role of Criminal Law Elspeth Guild, Queen Mary University of London, UK 2. The Criminalisation of Migration in the Law of the European Union: Challenging the Preventive Paradigm Valsamis Mitsilegas, Queen Mary University of London, UK 3. Global Trends in ‘Crimmigration’ Policies: From the EU to the USA Gian Luigi Gatta, Universita degli Studi di Milano, Italy 4. The Connections between Migration, Crime and Punishment: Historical and Sociological Questions Dario Melossi, Universita di Bologna, Italy 5. Current Trends, Numbers and Routes in EU Migrations: Is Existing Legislation Creating More Irregularity? Maria Giovanna Manieri, European Parliament PART II THE CRIMINALISATION OF MIGRATION: NATIONAL, EUROPEAN AND COMPARATIVE PERSPECTIVES 6. Crimmigration in Spain Jose A Brandariz, University of A Coruna, Spain 7. Ethnicity Based Immigration Checks: Crimmigration and the How of Immigration and Border Control Maartje van der Woude, Leiden University, Netherlands 8. Crimmigration in Greece: A Story of Exceptional Derogations from the Rule of Law within a Permanent Situation of Emergency Nikolaos Chatzinikolaou, Lawyer specialising in Criminal Law, Thessaloniki, Greece 9. Immigration Detention between Law and Practice in Italy: Managing the Border Through Arbitrary Detention Francesca Cancellaro, Universita della Tuscia 10. Detention as a Tool of Immigration and Asylum Enforcement in the EU Justine N Stefanelli, American Society of International Law, USA PART III WHO IS TO BLAME? SMUGGLING, HUMANITARIAN ASSISTANCE AND HUMAN RIGHTS VIOLATIONS IN THE MEDITERRANEAN AREA 11. Is that a Smuggler?: The Blurring Line between Facilitating Illegal Immigration and Providing Humanitarian Assistance at the European Borders Stefano Zirulia, Universita degli Studi di Milano, Italy 12. Reversing the Perspective: Criminal Responsibility of Italian Authorities for Human Rights Violations in Libya? Luca Masera, Universita di Brescia, Italy

Read more less

Book SynopsisThe modern law of defamation is frequently criticised for being outdated,obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law.Trade ReviewThe Making of the Modern Law of Defamation is an excellent piece of work and a welcome addition to the literature dealing with the history of defamation law. It is a scholarly, yet highly readable, monograph...The book is characterised by painstaking research, erudite analysis and a clarity of expression and structure that makes it a joy to read...this book is thoroughly researched, beautifully written and contains a wealth of material to delight the defamation aficionado. It is worthy of a place on any defamation bookshelf. Michael Gillooly Torts Law Journal No 3 The most striking features of this book are its conciseness and preciseness...a rich source of references to many important and some less widely known academic works on the history of defamation law Marie McGonagle The Irish Jurist, Vol XL 2005 ...a very well-written and interesting book. It deserves to be read as a whole, and there are thought-provoking arguments throughout...For the tort of defamation, there can be no excuses for such historical ignorance, with the advent of Paul Mitchell's fine book. Every serious student of the law of torts should read it. Jonathan Morgan The Law Quarterly Review, Vol 122 Oct 06 ...provides considerable food for thought as to the appropriate classification of the law of defamation...this is an excellent book that anyone interested in the modern law of defamation should read. Mark Lunney The King's College Law Journal, Vol 17, Issue 1 2006 ...a fascinating account...the case reports he considers provide a wealth of historical curiosity...a succinct and useful study of one of the most venerable parts of the common law. The scope of the book is considerable...valuable to both practitioners and academics who seek a deeper understanding... John Townsend Common Law World Review Spring 2006 As the complexity of defamation law grows, the space devoted in most textbooks to an analysis of its historical origins has been shrinking. It is a welcome relief, therefore, to a see a book devoted to just such an analysis...this is an eminently readable book. The Commonwealth Lawyer, Vol 14, No 3 Dec 05 [Mitchell] demonstrates convincingly how the law lost the internal coherence it possessed in the early 1800's, and does an excellent job of explaining its current oddities and anomalies... J. Townsend European Tort Law 2005 (Tort and Insurance Law Yearbook) 2006Table of ContentsPART I: THE CLAIMANT’S LOSS 1 LIBEL AND SLANDER 2 INTERPRETATION 3 DAMAGES 4 INJUNCTIONS PART II: THE DEFENDANT’S WRONG 5 FAULT IN ORDINARY LIABILITY 6 SECOND PUBLISHERS 7 QUALIFIED PRIVILEGE 8 FAIR COMMENT 9 ABSOLUTE PRIVILEGE 10 REPORTS 11 CONCLUSION

Read more less

Book SynopsisDebating Law is a new, exciting series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest. In this first volume of the series Carolyn Hoyle argues that communities and the state should be more restorative in responding to harms caused by crimes, antisocial behaviour and other incivilities. She supports the exclusive use of restorative justice for many non-serious offences, and favours approaches that, by integrating restorative and retributive philosophies, take restorative practices into the 'deep end' of criminal justice. While acknowledging that restorative justice appears to have much to offer in terms of criminal justice reform, Chris Cunneen offers a different account, contending that the theoretical cogency of restorative ideas is limited by their lack of a coherent analysis of social and political power. He goes on to argue that after several decades of experimentation, restorative justice has not produced significant change in the criminal justice system and that the attempt to establish it as a feasible alternative to dominant practices of criminal justice has failed. This lively and valuable debate will be of great interest to everyone interested in the criminal justice system.Trade Review... Debating Restorative Justice provides a clear and accessible introduction to the key debates within restorative justice. The presentation of both author's arguments in sequence is a major strength of the book. Both authors offer convincing arguments from their individual stances, which in combination makes for an interesting contribution to wider policy and practice debates...practitioners...would do well to read this book, using the debates rehearsed as a way of reflecting upon their own practice and ways of 'doing' restoriative justice. Linda Asquith Criminology and Criminal Justice Volume 12, Number 1 The juxtaposition of [the] respective positions provides an accessible, engaging scholarly and thought-provoking read. It is almost impossible, in a review of this length, to 'do justice' to Debating Restorative Justice. Chris Cunneen's and Carolyn Hoyle's essays provide crucial critical insights and authoritatively executed scholarly analyses that serve to reflect, define and extend the core debates in equal measure. It is a remarkable achievement and their book launches the Debating Law series to excellent effect. Barry Goldson Australian and New Zealand Journal of Criminology Volume 44, 2011 ...this is a thought-provoking, interestingly conceived book. C. Powell, University of Southern Maine CHOICE - Current Reviews for Academic Libraries September 2011, Vol. 49, No. 1 This stimulating and thought-provoking read is the first volume in a new 'Debating Law' series. ... these essays provide a critical but accessible introduction to the current debate. The merit of this work is that it is not simply an informative outline of theories and practices. As a tool of learning, the dialectical structure is excellent. Both authors make useful references to theoreticians, practices and case studies, and Hoyle provides an extensive bibliography. A must read for the student of criminology, law and sociology, we can eagerly await the next in the series. Christine Baker JUSTICE Journal July 2011 This new and interesting series is an opportunity for expert scholars to offer contrasting perspectives on contemporary issues which will be welcomed by the thoughtful undergraduate criminologist. There are many useful references and the 'Debating Law' series will be an additional invaluable source for the inquisitive criminologist who will always be on the look-out for some answers...even though it is clear from the finely balanced arguments of both schools of thought , that the debate will continue for a long time to come! Philip Taylor www.goodreads.com November 2010Table of ContentsThe Case for Restorative Justice by Carolyn Hoyle I. Introduction II. A Route through Definitional constraints and Imprecision A. Introduction B. Defining Victims and Offenders C. Crimes and Harms D. Restorative Justice and Restorative Practices III. Community at the Heart of Restorative Justice IV. A reflection on the Imbalance between Restorative Aspirations and Restorative Practices A. Restorative Justice in the UK: All Talk and Little or No Action B. A Criminology of Hope C. Appeals to Communitarianism V. Restorative Justice and Criminal Justice: Complementary not Contradictory A. A Challenge to an Unhelpful Dichotomy B. The Case for the Coexistence of Restorative and Criminal Justice C. A Framework for the Coexistence of Restorative and Criminal Justice 1. Engaging community in search of appropriate participants 2. A qualified defence of coercion 3. The aims of punishment and the boundaries of proportionality 4. Who should facilitate restorative processes? 5. Conclusion VI. In Defence of Restoration in the 'Deep end' of Criminal Justice A. Domestic Violence B. Crimes against Humanity C. Everything has its Limits VII. Conclusion: Restoration for Fragmented Communities Bibliography The Limitations of Restorative Justice by Chris Cunneen I. Introduction II. Why Restorative Justice A. Concept of Origins B. Explaining the Rise of Restorative Justice C. Policy Transfer and the Globalisation of Restorative Justice III. Creating Ideal Victims and Offenders A. The Victim B. Victim Trauma C. Does Restorative Justice Offer a Better Deal for Victims? D. The Offender E. Structural Inequalities and the Offender/Victim Relationship 1. Violence against women 2. Hate crimes 3. Social inequality F. Victims, Offenders, Rights and Incommensurability IV. Law, State and Community A. The Role of Law and the State B. Policing and Criminalisation C. Punishment and Risk D. The Community E. Transitional Justice V. Conclusion: Searching for Truth in Restorative Justice Index

Read more less

Book SynopsisEvery lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ‘Golden thread of English law’ whereby the burden of proof lies with the prosecutor in a criminal trial. But who was Woolmington and how many people know that he escaped the death penalty at the eleventh hour, or that he was in fact twice tried for murder? ‘Lords give man back his life’ as the Western Gazette put it. In the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would determine that ‘the categories of negligence are never closed’? And how did the tranquil market town of Wednesbury become shorthand for ‘unreasonableness’? In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the less well-known background to a selection of leading cases. From Mareva (synonymous with a type of injunction) to Lord Denning’s classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of newcomers, students and seasoned practitioners alike. The book has an authoritative introduction describing ‘The Origins of the Common Law’ and is enhanced by key extracts from the law reports reproduced courtesy of the Incorporated Council of Law Reporting for England and Wales and the Butterworths Division of Reed Elsevier (UK) Ltd — making it not just an absorbing read but an important work of reference for every legal library and collection.Trade Review'An excellent book'-- Justice of the Peace.Table of ContentsPart I: Introduction - 1: Origin And Growth Of The Common Law; Part II: Criminal Trials - 2: George Joseph Smith And The Brides In The Bath”; 3: Woolmington’s Case; 4: Gypsy Jim Smith; Part III: Civil Cases - 5: Donoghue v. Stevenson; 6: Lord Denning’s “High Trees” Case; 7: Rookes v. Barnard; 8: The Mareva Injunction; 9: Wednesbury Unreasonableness; Part IV: International Law - 10:The Trials Of Augusto Pinochet. Index.

Read more less

Book SynopsisLeading edge information and ideas from two of the UK's most respected practitioners and authorities. A handbook for people who want to make a difference when working with prisoners. It suggests the tools for this and offers guidance - and is wholly up to speed with what is happening in UK prisons. * Essential reading for every RJ practitioner and student * One of the most important penal reform books for years - Part of a major initiative across UK prisons * Designed to be used in conjunction with the free toolkits available for download from www.WatersidePress.co.uk/RJTools Restorative Justice in Prisons was launched at Brixton Prison in 2006. Prison as an institution is sometimes taken to represent the opposite of restorative justice. The culture of prisons includes coercion, highly structured and controlled regimes, banishment achieved through physical separation, and blame and punishment - whereas restorative justice values empowerment, voluntarism, respect, and treating people as individuals. Recent developments in some prisons demonstrate a far more welcoming environment for restorative work. Examples such as reaching out to victims of crime, providing prisoners with a range of opportunities to make amends and experimenting with mediation in response to conflicts within prisons show that it is possible to implement restorative justice principles in everyday prison activities. Guided by restorative justice, prisons can become places of healing and personal transformation, serving the community as well as those directly affected by crime: victims and offenders. This new book advocates the further expansion of restorative justice in prisons. Building on a widespread interest in the concept and its potential, the authors have produced a guide to enable prisons and the practitioners who work in and with them to translate the theory into action. Reviews 'This book is evidence that restorative approaches have much to offer the prison services in seeking to make their operations effective in meeting prisoner and public needs ...It successfully translates theory into practice and provides a model for organisational and cultural change in prisons': International Review of Victimology 'What strikes you as you read through this text is the sheer simplicity with which Edgar and Newell have captured the changes that are so apparently needed in the prison system today': Andy Bain, Institute of Criminal Justice Studies, University of PortsmouthTrade Review'This is essential reading not just for those interested in penal policy, but for anyone with a broader interest in effecting organisational change.'Thames View (June 2007)'This is a wonderfully useful tool for influencing policymakers towards a better system. Meticulously researched and rationally argued throughout, the authors speak direct to government, police and prison service on their own terms, neatly arguing that all those institutions will achieve their objectives, if they adopt the restorative approach... There are wonderful insights in this book as we would expect from two professionals who have devoted so much of their lives to work in our prisons... it is the authors' unerring grasp of current police, prison and government cultures and their confidence that these can be moved gently towards restorative justice, that makes this book so significant for prison reform.'John Myhill JP, The Magistrate'In the hands of creative and visionary correctional leaders, [this book] will inevitably serve to inspire and equip them toward meaningful and lasting change. For many people, the marriage of restorative justice and prisons is an unimaginable relationship - one destined to produce either still birth or monster child. Much of what has been written about restorative justice in the past can readily be characterized as a criticism of the power and processes embedded in the more familiar "find, prove and punish" criminal justice system we've become used to. At its extreme, some restorative justice writers define the concept in almost revolutionary terms - restoring to the average person the conflicts which have been stolen from them by their government. Any attempt to work with existing criminal justice players, from this viewpoint, is seen as undermining the true intent of the restorative justice movement.On the other hand, for most societies, prisons have become the extreme embodiment of punishment. It is the most severe expression of control which the government can exercise over its population. In application, prisons have given rise to cultures which are largely oppressive - based on discipline, regimentation and control. On the surface, it seems the least likely candidate as a breeding ground for restorative justice. It is easy to imagine restorative justice dying under the weight of this oppression or being transformed into yet another tool to justify the control of the state.At least, that is what it looks like in caricatured world.In this book, Edgar and Newell sensitively and realistically cover much needed territory. They offer restorative justice advocates a much clearer picture of the prison context. At the same time, they offer those involved with prisons a much clearer picture of restorative justice. While never denying the inherit challenges and incompatibilities that exist between prisons and restorative justice, the authors offer astute observations about numerous practical opportunities for transforming the prison experience so that it can contribute broadly to a restorative response to crime.Using the first two chapters to introduce some core theory about restorative justice, its application and potential role in prisons, the authors next venture into a comprehensive overview of prison cultures. By identifying an organizational culture web that consists of six dimensions (power structures, organisational structures, control systems, routines/rituals, myths/stories, symbols), they are able to isolate specific ideas and examples of how to affect broad based culture change within prisons. Moreover, the fifth chapter translates this into a more detailed description of a restorative prison and focuses on three key areas to illustrate how restorative justice could be brought to life. The sixth chapter identifies trends within the United Kingdom that seem to compel and support the evolution of restorative justice prisons in that country. In the seventh and final chapter, the authors offer key advice about areas that require special attention in pursuing the objective of restorative prisons.More than a philosophical argument for restorative justice in prisons, Edgar and Newell draw heavily on their personal and professional experiences as well as on those of others. Their observations are grounded firmly in the real world. As their title suggests, the book compels one to action. While the frequent references specific to U.K. prisons can be somewhat disorienting to foreign eyes, the lessons that underlie them are universal. This book would be an asset to anyone interested in the evolution of prison roles. In the hands of creative and visionary correctional leaders, it will inevitably serve to inspire and equip them toward meaningful and lasting change.Scott Harris, Director, Restorative Justice, Correctional Service of Canada'A book of international importance ... An authoritative guide' This unique volume addresses a major gap in the already impressive range of literature on Restorative Justice. Not even the most comprehensive study to date, Sullivan and Tifft (eds.) A Handbook of Restorative Justice: a Global Perspective (2006), touches the critical issue of the place of restorative processes in prisons. Edgar and Newell's persuasive and well-documented work is therefore of international importance.Edgar and Newell are persuaded that restorative processes have 'great potential to humanize prisons, improve safety, enhance social order, and make the experience less hostile and damaging for all concerned.' They are also keenly aware that prisons can serve as sanctuaries in which prisoners are prepared for re-integration into civil society. But surely, some might argue, that is precisely what is happening in prisons already. After all, the Statement of Purpose for HM Prisons declares the duty to care for prisoners 'with humanity and help them lead law-abiding and useful lives in custody and after release.' But as the fascinating history of HM Prisons reveals, vision and reality do not yet fully converge. To be sure, the system has been changing in very profound ways over the past 250 years in response to new wisdom and societal understandings. (See, for example, Brodie, Croom and Davies' illustrated Behind Bars: The Hidden Architecture of England's Prisons, 1999). The book by Edgar and Newell is part of that creative process.Ultimately, justice is about values, and it is these that the authors are particularly adept at exploring. Those in correctional professions will find themselves challenged to re-think the cultures of restraint and authority which characterize much of prison life. But they will be aided along the way by expert authors who fully understand the deep tensions inherent among contending philosophies of justice and correctional practice. The authors respect and explain the significant differences between the two major correctional approaches: RJ on the one hand, and what one generally refers to as 'the retributive approach' on the other. They reject the notion of some justice practitioners that RJ is a 'soft touch' that does not give criminals 'what they deserve;' they reject equally the notion of some RJ advocates who find prisons anathema. The authors do not see prisons and RJ as standing necessarily in opposition at all. Indeed, they remain convinced that the restorative focus on the stakeholders of any crime - victims, offenders, community, and indeed justice officials themselves - make it an ideal complement to the criminal justice system. Central to this view is RJ's methods of problem-solving and dealing with trauma. A distinctive strength of RJ is its future-orientation that sets its sights on re-integrative and healing outcomes. It aims at harmony rather than merely order for its own sake.The authors introduce their subject by defining Restorative Justice, examining its varieties of emphasis and approach, and elucidating the concepts of empowerment and particularity. The latter focuses on the unique aspects of each situation, and recognizes that no two situations of harm are ever precisely the same. This often calls for different solutions to apparently similar conflicts. Continuing in this vein, the authors compare RJ and the criminal justice system in the UK , and evaluate RJ and prisons. Subsequent chapters deal with 'restorative values' (such as healing, voluntary participation, inclusiveness and personal accountability), organizational culture (i.e. 'the cultural web of prisons'), resistance to change (i.e. conflicting paradigms, social order in prison, cultural resistance within the police), and suggest a model for the restorative prison. The book blends both theory and practice. Thus it examines the foundations of a restorative prison, operational applications of RJ, restorative work in pre-release and complaints, responsibility in sentencing, and the National Action Plan to Reduce Re-Offending. It concludes with clear guidance for criminal justice agencies and summarizes the experience of using restorative methods in prisons. Appendices provide case-studies, and a glossary of terms.One area receives rather less overt attention than others: the role of faith traditions in RJ practice. Perhaps this is because the demographics of the UK do not yet reveal a significant level of pluralism and multiculturalism. Yet, if media reports are any indication, that time will come very soon. Meanwhile, countries like New Zealand and Canada have led in this field in both theory and practice. Here the Handbook, mentioned above, devotes a number of chapters to the diverse spiritual foundations of RJ, to multi faith reflection on crime, and on justice as sanctuary. These chapters recognize RJ as a spiritual process that can transform persons, situations and institutions. That said, these understandings underpin the volume by Edgar and Newell. The authors are implicitly aware of the bedrock foundations on which their arguments rest. Their book on Restorative Justice in Prisons is an authoritative guide to making it happen.Michael L. Hadley, University of Victoria, CanadaTable of ContentsForeword Erwin JamesCHAPTER1. Introduction and BackgroundDefining restorative justiceVarieties of restorative practicesEmpowerment and particularityWhat is, and is not, restorative justice?Restorative justice and criminal justice in the UKRestorative justice and prisonsConclusion2. Restorative ValuesThe core values of restorative justiceProgramme integrityPressure points in the definitionParadigm shift or evolution?3. Organizational CultureIntroducing restorative culture into prisons 38 Organizational cultureThe cultural web of prisonsRestorative influences on the cultural webA restorative system of building social order4. Resistance to ChangeConflicting paradigmsWhat matters in prisonValues, restorative justice and conflictSocial order in prisonValues inherent in Prison Service policiesCultural resistance within the policeA model for the restorative prison5. What a Restorative Justice Prison WouldLook LikeThe foundations of a restorative prisonOperational applications of restorative justicePre-release, anti-bullying and complaintsConclusion6. The Restorative SentenceResponsibility in sentencingThe responsible sentenceSome further thoughtsPrisons, restoring offenders and the harms of social exclusionNational Action Plan to Reduce Re-offendingThe role of the prison officerPromoting social re-inclusionComments on the Action Plan7. ConclusionGuidance for criminal justice agenciesExperience of restorative methods in prisonsNext stepsAppendix: Two Case StudiesGlossary of TermsReferencesIndexList of Diagrams, Figures, Tables and Boxes

Read more less

Book SynopsisIn what circumstances and on what basis, should those who transmit serious diseases to their sexual partners be criminalised? In this new book Matthew Weait uses English case law as the basis of a more general and critical analysis of the response of the criminal courts to those who have been convicted of transmitting HIV during sex.Examining cases and engaging with the socio-cultural dimensions of HIV/AIDS and sexuality, he provides readers with an important insight into the way in which the criminal courts construct the concepts of harm, risk, causation, blame and responsibility.Taking into account the socio-cultural issues surrounding HIV/AIDS and their interaction with the law, Weait has written an excellent book for postgraduate and undergraduate law and criminology students studying criminal law theory, the trial process, offences against the person, and the politics of criminalisation. The book will also be of interest to health professionals working in the field of HIV/AIDS genito-urinary medicine who want to understand the issues that may face their clients and patients.Trade Review"There are few authors with Weait’s depth and breadth of scholarship who can pull such disparate theoretical strands together in such a skilful and readable way. This is an excellent and important synthesis of the current place of HIV in UK society, and our collective responses to risk." - HIV Medicine, July 2008"This is a fascinating book, which extends effortlessly across disciplinary boundaries to argue a controversial and, at first sight, very difficult case." - Mark Cowling, British Journal of Criminology, July 2008"The author has already established himself as one of the world's leading authorities on this issue and this book is a magnificent illustration of why his work in this field is so highly regarded...In this tour de force he presents the most attractive and powerful case against the criminalisation of the trasmission of HIV available. Read this book and you will never see criminal law in quite the same way again." - Jonathan Herring, The Howard Law Journal, Vol 48. No 5, December 2009"There are few authors with Weait’s depth and breadth of scholarship who can pull such disparate theoretical strands together in such a skilful and readable way. This is an excellent and important synthesis of the current place of HIV in UK society, and our collective responses to risk." - HIV Medicine, July 2008"This is a fascinating book, which extends effortlessly across disciplinary boundaries to argue a controversial and, at first sight, very difficult case." - Mark Cowling, British Journal of Criminology, July 2008"The author has already established himself as one of the world's leading authorities on this issue and this book is a magnificent illustration of why his work in this field is so highly regarded...In this tour de force he presents the most attractive and powerful case against the criminalisation of the trasmission of HIV available. Read this book and you will never see criminal law in quite the same way again." - Jonathan Herring, The Howard Law Journal, Vol 48. No 5, December 2009''Intimacy and Responsibility makes a valuable contribution to sociolegal scholarship in general but will be of particular interest to those working on public health, the body, gender and sexuality. Weait is at his best when setting up his arguments and presenting evidence. ''-Joe Rollins, Law and Politics Book Review, July 2008Table of ContentsIntroduction. Overview of the English Case Law. The International and Historical Context. HIV/AIDS and its Meanings. R v Konzani: A Case Study. Harm. Causation. Fault. Consent. Conclusion

Read more less

Book SynopsisThis open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act – this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy – a thinktank created by the Ministry of National Defence of the Republic of Poland. Table of ContentsIntroduction.- Part I Providing cybersecurity as a new challenge for governments.- Cyberspace and cybersecurity.- Cyberspace as an area of legal regulation.- Cyberspace, cybercrime, cyberterrorism (F. Radoniewicz).- International regulations of cybersecurity (F. Radoniewicz.- Cybersecurity in the European Union law.- National Cybersecurity System Act.- The New National Security Strategy of the Republic of Poland.- The Cybersecurity Strategy of the Republic of Poland.- The functioning of state power structures and cybersecurity.- Personal data protection in the context of the Act on the National Cybersecurity System.- Space security and cybersecurity in Poland.- Part II Competences, obligations and tasks of entities responsible for ensuring cybersecurity under the national cybersecurity system (“imperious entities”).- Cybersecurity as a public task in administration.- The authorities competent for cybersecurity.- The main tasks of the network of Computer Security Incident Response Teams in the light of the Act on the National Cybersecurity System in Poland.- Tasks of the Minister of National Defence in the field of cybersecurity.- Role of the minister competent for computerisation in the cybersecurity system.- The duties and legal status of the Government Plenipotentiary for Cybersecurity and the College for Cybersecurity.- Part III Obligations of other entities included in the national cybersecurity system („participants” of the national cybersecurity system).- Tasks of operators of essential services and digital service providers .- The obligations of public entities.- The system of control and supervision of operators of essential services, digital service providers and entities providing cybersecurity services.- Monetary penalties in the National Cybersecurity System Act.- The liability of entities providing services by electronic means for digital content.- Part IV Combating cybercrime as a special task in the area of cybersecurity.- Cybercrime and cyberterrorism in Polish Law.- Cybercrime in selected European countries.- The entities and institutions in charge of combating cybercrime in Poland.- Operational activities in the field of cybersecurity.- Operational activities and the right to privacy.- Summary.- Biographies.- Bibliography.

Read more less

Book SynopsisThis volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.Table of Contents- Part I Vindicatory Justice: Conceptual Analyses and Forerunners. - Introduction. - Hans Kelsen’s Philosophy of Revenge. - Revenge, Violence and the Civilizing Narrative. - On Revenge and Punishment. - “To Restore” Versus “To Vindicate”. - Antonio Pigliaru. - ‘Une Question De Droit’. - Part II Mapping Vindicatory Justice. - Vindicatory Justice in Madagascar. - Vindicatory Persistence in Barbagia. - Vindicatory Justice and the Colonial Encounter. - Law, Ethics and Religion. - The Vindicatory Roots of Civil Sanctions. - From the Duty to Redeem the Spilled Blood to the Duty to Redeem Themselves (Repentance). - History and Memory Before the Court. - Defenselessness, Offense and Counter-Offense in Legal Disputes Between Employers and Female Domestic Workers. - A Vindication of the Rights of Women. Equal Participation in Rituals in a Festival Context.

Read more less

Book SynopsisThis book represents a comprehensive collection of theoretical and empirical work at the nexus of clinical and forensic psychology written by world-renowned experts in the field. It is among the first books in the field to focus entirely on clinical psychological science applied to the understanding and treatment of offending. Part I addresses the main theoretical and clinical models used to explain and predict antisocial behavior, spanning biological, cognitive, experimental, individual differences, and interpersonal perspectives. Part II focuses on forms of psychopathology associated with an increased tendency to offend, with the emphasis on describing the clinical constructs most relevant for forensic psychology. Each chapter describes the clinical characteristics of one form of psychopathology, their assessment, their links with antisocial behavior, and treatment considerations. Part III focuses on different types of offense or offender groups as starting points. This perspective has relevance since many criminal justice and forensic mental health systems allocate offenders to interventions based on their index offense (or history of offenses). Finally, Part IV addresses the application of clinical psychology in the service of assessment and treatment in forensic settings. It includes the state of the art on diagnostic and risk assessment, as well as both widely used and recently developed interventions. This book is an excellent resource for students at both Bachelor’s and Master’s level, while also representing a comprehensive handbook for experienced researchers and practitioners.Table of ContentsSeries Editors PrefaceEditors Preface1. History of forensic psychology (Jacqueline Helfgott & Joslyn Wallenborn)PART 1: UNDERPINNINGS OF DEVIANT BEHAVIOR2. Antisocial behavior prevention: Towards a developmental biopsychosocial perspective (René Carbonneau & Richard Tremblay)3. Cardiovascular Psychophysiology and Antisocial Behavior (Presley McGarry & Jill Portnoy)4. Moral-Cognitive Delay and Distortions(John Gibbs)5. Emotion and Emotion regulation (Carlo Garofalo)6. Basic personality traits perspective (Donald Lynam & Josh Miller)7. Callous-unemotional traits and empathy (Sophie Alshukri, Kerry Lewis, and Luna Centifanti)8. Narratives Roles of Criminal Actions (David Canter & Donna Youngs)9. Attachment theory and offending (Gwen Adshead & Estella Moore)10. Influences of peer relationships and romantic partners on antisocial behavior (Jelle Sijtsema)PART 2: PSYCHOPATHOLOGY AND DEVIANT BEHAVIOR11. Antisocial personality disorder (Jessica Yakeley)12. Borderline personality disorder Among Justice-involved Populations (Madison Smith, Rachelle Kromash, Shania Siebert, Genevieve Allison, & Kelly Moore)13. Narcissistic personality disorder and Deviant Behavior (Tiffany Russel, Samantha Holdren, & Elsa Ronningstam) 14. Schizophrenia Spectrum, other Psychotic Disorders and Violence (Zhaorong Song, Rhiannon Corcoran, & Steven Gillespie)15. Psychopathy (Matt DeLisi)16. Attention-deficit/hyperactivity disorder (ADHD) and Offending (Suzan Young & Kelly Cocallis)17. Substance use, abuse and disorder within forensic psychiatry (Malin Hildebrand Karlén)18. Offenders with Intellectual and Developmental Disabilities (John Taylor)PART 3: OFFENDING BEHAVIORS19. Forms and Functions of Aggression (Morsal Yusoufzai & Jill Lobbestael)20. Juvenile offenders (Michael Vaughn, Leslie Sattler, & Katherine Holzer)21. Adult Perpetrated Firesetting (Nichola Tyler & Magali-Fleur Bernoux)22. Adult male contact sexual offenders: Challenges in classification and theoretical perspectives (Mirthe Noteborn)23. Homicide and Mental Disorder (Pauline Aarten & Marieke Liem)24. Domestic violence: Intimate partner violence, Child maltreatment, and Co-occurrence (Sara Nichols & Amy Slep)PART 4: RISK ASSESSMENT AND TREATMENT25. Violence Risk Assessment: Research and Practice (Corine De Ruijter & Martin Hildebrand)26. Using the MMPI-3 in forensic assessment (Martin Sellbom, Dustin Wygant, Anthony Tarescavage, & Yossef Ben-Porath)27. The Good Lives Model: A Strength-Based Approach to Rehabilitating Offenders (Mary Barnao)28. Culpability and accountability: The insanity defense (Gerben Meynen & Johannes Bijlsma)29. Common psychological treatments used to address criminal behavior (Michael Daffern, Nina Papalia, Emily Stevenson, & Stuart Thomas)30. Forensic Schema Therapy and SafePath: Individual- and Milieu-Therapy Approaches for Complex Personality Disorders and Externalizing Behavior Problems (David Bernstein, Marjolein van Wijk-Herbrink, & Truus Kersten)31. Ethical issues in forensic psychology (Gwen Adshead & Estella Moore)Index

Read more less

Book Synopsis1 Of Equality: From Constitutional Contours to Application in the Brazilian Criminal Process.- 2 Application of the Principle of Equality to Criminal Proceedings in Brazil.- 3 Of the Parties in the Criminal Process.-  4 Criminal Procedural Systems: The Equality of Arms and the Adversarial System.- 5 The Concept of Equality of Arms in Criminal Proceedings.- 6 Equality of Arms in the Brazilian Criminal Process.- 7 Conclusive Aspects.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis FORENSIC CHEMISTRY FUNDAMENTALS strives to help scientists & lawyers,& students, understand how their two disciplines come together for forensic science,in the contexts of analytical chemistry & related science more generally, and thecommon law systems of Canada, USA, UK, the Commonwealth.In this book, forensics is considered more generally than as only for criminallaw; workplace health & safety, and other areas are included. And, two issues ofCanadian legal process are argued as essays in the fi nal two chapters.

Read more less

Book Synopsis

Read more less