Criminal law: procedure and offences Books

Book SynopsisPRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.Trade ReviewDsouza reveals how much more thinking remains to be done about one of criminal law theory’s most discussed topics ... those seeking to make further progress in thinking about defences in criminal law will profit by engaging with this thoughtful, challenging and inventive book. -- James Edwards * The Modern Law Review *This is an impressive piece of work: it is carefully reasoned, responsive to existing debates in criminal law theory, and always mindful of the practical implications of the theoretical claims it defends. -- Zachary Hoskins, University of Nottingham * Criminal Law and Philosophy *Table of ContentsPart I: Overview 1. The Proposed Borders of Justification and Excuse Part II: Defences in the Structure of the Criminal Law 2. Reasons and Perspective in the Criminal Law 3. The Normative Guidance Underlying the Criminal Law Part III: Translating Theory into Doctrine 4. The Theoretical Framework of Rationale-Based Defences 5. The Contours of Paradigmatic Justifications 6. Rationale-Based Excuses 7. Supervening Justificatory Necessity 8. Mapping the Model’s Implications

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Book SynopsisThis text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law.The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter.

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Book SynopsisThe life of a criminal defence lawyer is shrouded in mystery. Outsiders might wonder about how to deal with potentially dangerous clients; what happens behind the scenes when building a defence; and, that age-old moral dilemma, how a lawyer can defend someone they think is guilty. But what is life really like for those tasked with representing the shadowy underbelly of society? For over forty years, criminal defence solicitor Henry Milner has been the go-to lawyer for some of Britain's most notorious criminals - including Kenneth Noye and the Brink's-Mat robbers, Freddie Foreman, John 'Goldfinger' Palmer and the gang behind the Millennium Dome raid. Here, the lawyer referred to in the Sunday Times as 'The Mr Big of Criminal Briefs' offers a fascinating insight into life at the top of the profession, lifting the lid on the psychology of those who end up on the wrong side of the law - and those who defend them. By turns shocking and hilarious, this remarkable memoir takes us deep into the enigmatic criminal underworld, delivering a wry personal commentary on the most extraordinary aspects of a life spent amongst the accused.Trade Review"In more than forty years at the top of his game as a criminal defence lawyer, Henry Milner has been on speed dial for many of Britain's most notorious alleged villains. Sometimes serious, sometimes very funny but never, ever dull, No Lawyers in Heaven offers a sharply observed insight into his most gripping cases, from murder to money heisting, drug trafficking and beyond." - Martin Brunt, Sky News crime correspondent "Henry Milner's colourful account of a career over decades as a criminal defence solicitor evokes a bygone era of the criminal justice system. In a highly readable style with plenty of wry self-deprecating humour, Milner gives a compelling insight into a life defending some of the big-league criminal names. A must-read." - Frances Gibb, former legal editor, The Times “A fascinating read and brilliantly written.” Clare Montgomery QC

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Book SynopsisAnyone practising in the criminal courts needs to have a sound grasp of both evidence and procedure. This text seeks to provide the criminal lawyer with access to the key points of these inter-related subjects. It is divided into two parts. Part A deals with evidence, while Part B covers procedure. It contains the text of the most important statutory provisions, together with a commentary. This second edition features new chapters on disclosure (covering the Criminal Procedure and Investigations Act 1996), Committal for Trial and the European Context. The impact of the Human Rights Act 1998 is examined and the crucial portions of the statute are provided. The Crime (Sentences) Act 1997, the provisions on surveillance in the Police Act 1997, the procedural aspects of the Crime and Disorder Act 1998 and the developments based on the Youth Justice and Criminal Evidence Act 1999 are all covered. The most important provisions of the Codes of Practice under PACE, the Code of Practice on Disclosure, and the European Convention on Human Rights are reproduced in Appendix form.

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Book SynopsisOffering a comment on the justification for sentences, this work refutes jurisprudential attacks on the propriety of mercy, and discusses the shortcomings of the Court of Appeal''s approaches to consistency and other principles of sentencing. The appendices list "guideline cases" and definitions of "seriousness" for the purpose of different statutes.

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Book SynopsisThis book guides policing students through the areas of Criminology and crime prevention required for their course and help them apply this knowledge into their work. It uses crime prevention theory alongside current practice and evidence-based policing research that students can apply in their practice. It explores what criminology is, its helpfulness in policing, and examines key topics such as offenders and offending, victims and victimology, and principles and theories of crime prevention. A range of models of policing which can be applied to various crime prevention scenarios are discussed, with details on specific initiatives already in place. The content is specifically designed to meet the requirements of the PEQF (Police Education Qualifications Framework) and module six in the policing curriculum on criminology and crime prevention. Case studies and evidence-based examples are used to provide clear links between theory and practice, while critical thinking and review activities embed understanding and promote critical thinking. As part of the series, care has been taken into this book to make sure that it reflects challenges faced by new students, linking theory to real-life operational practice. Part of the Professional Policing Curriculum in Practice series.Table of ContentsIntroduction: Every contact leaves a trace Chapter 1: Crime, victimisation and harm Chapter 2: Offenders and the cause of offending Chapter 3: Procedural justice Chapter 4: Policing, social control and the role of other agencies Chapter 5: Policing and politics: accountability, police powers and their regulation Chapter 6: Principles in crime prevention Chapter 7: Policing approaches References Index

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Book SynopsisThis book presents a fresh approach to cybersecurity issues, seeking not only to analyze the legal landscape of the European Union and its Member States, but to do so in an interdisciplinary manner, involving scholars from diverse backgrounds – ranging from legal experts to ICT and engineering professionals.Cybersecurity requirements must be understood in a broader context, encompassing not just conventional aspects, but also emerging topics. This can only be achieved through an interdisciplinary approach. Indeed, cybersecurity should be consistently considered in relation to cybercrime and/or cyber defense, while examining it through the lens of specific domains that are intertwined with various legal fields. Moreover, it is crucial to uphold ethical standards and safeguard fundamental rights, particularly regarding personal data protection.By adopting this comprehensive perspective, the significance of cybersecurity in the exercise of public authority becomes apparent. It also plays an essential role in upholding the fundamental values of both individual Member States and the EU as a whole, such as the rule of law. Moreover, it fosters trust, transparency, and effectiveness in market relations and public administration interactions.In turn, the book draws on the expertise of its authors to provide insights into ICT components and technologies. Understanding these elements holistically is essential to viewing every "cyber" phenomenon from a legal standpoint. In addition to the holistic and interdisciplinary approach it presents, the book offers a captivating exploration of cybersecurity and an engaging read for anyone interested in the field.Table of ContentsLegal Developments on Cybersecurity and Related Fields: Introductory notes and presentation.- PART I – CYBERSECURITY, CYBERDEFENCE AND LAW.- Getting critical. Making sense of the EU security framework for cloud providers.- Cyber operations targeting space systems. Legal questions and the context of privatisation.- A legal assessment of the concept of risk in reversible operations through cyber and electronic means.- Knowledge management and continuous improvement in cyberspace.- Information security metrics: challenges and models in an all-digital world.- Cyberterrorism and the Portuguese counter-terrorism act.- PART II – CYBERSECURITY AND LAW: SPECIFIC TOPICS.- Towards cybersecurity regulation of software in the European Union.- The importance of the computer undercover agent as an investigative measure against cybercrime: a special reference to child pornography crimes.- Post-Mortem data protection and succession in digital assets under Spanish law.- The suitability of the regime of technological measures for copyright protection in the face of modern cybersecurity risks.- Digital signatures and quantum computing.- No words needed? Emojis as evidence in judicial proceedings.- PART III – CYBERSECURITY, ETHICS AND FUNDAMENTAL RIGHTS.- Bug bounties: ethical and legal aspects.- Profiling and cybersecurity: a perspective from fundamental rights' protection in the EU.- Legal developments on smart public governance and fundamental rights in the digital age.- Biometric signatures in the context of Regulation (EU) nr. 910/2014 and the general data protection regulation: the evidential value and anonymization of biometric data.- Cybersecurity issues in electronic communications and some insights on digital literacy and technological infrastructures’ demands – anticipations of the European Digital Decade through the lens of a Declaration on digital rights and principles.

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Book SynopsisIn this major new textbook, leading scholars from criminology, history, journalism, law, psychology, sociology and other fields take students and general readers inside New Zealand's criminal justice system. The authors begin with an introduction to the history and current state of crime, policing and prisons in New Zealand; they then explain the workings of criminal procedure, from evidence to sentencing; and finally they address key current issues such as Maori and the justice system, youth and gangs, psychology and the media. For students and general readers, this book tackles the big questions: How can crime be explained? Is crime rising or falling and if so, why? How do the police operate? How do the courts work? What is the meaning of a 'life' sentence? What is the link between crime and mental instability? Why are Maori over-represented in the criminal justice system? How do we deal with youth offenders? How do judicial miscarriages arise? Do the stories we read about crime in the media reflect reality? And how does justice operate in the criminal underworld? This book is an important new introduction to New Zealand's criminal justice system - from crime and policing to the courts - aimed at students and general readers.

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Book SynopsisFully revised, the proven primer on forensic accounting with all-new cases A must-have reference for every business professional, Forensic Accounting and Fraud Investigation for Non-Experts, Third Edition is a necessary tool for those interested in understanding how financial fraud occurs and what to do when you find or suspect it within your organization. With comprehensive coverage, it provides insightful advice on where an organization is most susceptible to fraud. Updated with new cases and new material on technology tools in forensic accounting Covers the core accounting, investigative, and legal aspects of forensic accounting for professionals new to the field Covers investigative and legal issues along with accounting schemes Written by a team of recognized experts in the field of forensic accounting, Forensic Accounting and Fraud Investigation for Non-Experts, Third Edition is essential reading for accountantTable of ContentsPreface xiii Acknowledgments xv Part I Forensic Accounting and Fraud Overview 1 Chapter 1 Forensic Accounting 3 What Is Forensic Accounting? 3 Why Has Forensic Accounting Become the Buzz? 4 Introduction to a Profession 5 Applications for Forensic Accounting 6 A Third Dimension: Contexts within Each Area of Specialization 11 Conclusion 14 Suggested Readings 15 Notes 15 Chapter 2 Fraud in Society 17 What Is Fraud? 17 Types of Fraud 21 Other Types of Financial Fraud 25 Sarbanes–Oxley 27 What the Numbers Tell Us about Fraud 28 Categories of Occupational Fraud 29 Drawing Conclusions 31 Society’s Perception of Fraud 32 Who Commits Fraud?—Profile of the Typical Fraudster 33 The Social Consequences of Economic Crime 39 Conclusion 39 Suggested Readings 40 Notes 40 Chapter 3 Understanding the Basics of Financial Accounting 43 Where It All Begins 43 The Five Accounting Cycles 46 Journals: Subsidiary and General 54 Conclusion 56 Suggested Readings 56 Note 57 Chapter 4 Forms of Entities 59 Basics of Business Structures 59 Sole Proprietorships 60 Partnerships 60 Corporations 63 Business Enterprises in the Global Environment 66 Conclusion 70 Suggested Readings 70 Notes 72 Chapter 5 Fundamental Principles of Financial Analysis 73 Good Analysis = Due Diligence? 73 Why Perform Financial Analysis? 76 What and Whom Can You Trust? 76 Other Factors to Consider 77 Financial Analysis for the Non-Expert 78 To the Future 85 Conclusion 86 Suggested Readings 87 Notes 87 Chapter 6 The Role of the Accounting Professional 89 The Importance of Accounting Professionals in the Investigation 89 The Audit Process 93 Internal Controls 98 Conclusion 101 Notes 101 Part II Financial Crime Investigation 103 Chapter 7 Business as a Victim 105 Introduction 105 Employee Thefts 106 Fraudulent Billing Schemes 112 Fraud Committed by Outsiders 113 Management Thefts 114 Corporate Thefts 117 Identity Theft 118 Conclusion 120 Suggested Readings 120 Notes 120 CHAPTER 8 Business Villains 123 Introduction 123 Organized Crime and Business 123 Money Laundering 130 Conclusion 137 Suggested Readings 138 Notes 139 Chapter 9 The Investigative Process 143 Introduction 143 Case Initiation 144 Case Evaluation 145 Solvability Factors 147 Goal Setting and Planning 148 Investigation 156 Background 158 Conclusion 166 Suggested Readings 167 Notes 167 Chapter 10 Interviewing Financially Sophisticated Witnesses 169 Introduction 169 The Interview 170 Interviewing Financially Sophisticated Witnesses 185 Conclusion 188 Suggested Readings 189 Notes 190 Chapter 11 Proving Cases through Documentary Evidence 193 Introduction 193 Document Collection 194 Document Organization 207 The Process of Proof 211 The Logic of Argument 213 Proof through Inference 217 Conclusion 221 Suggested Readings 222 Notes 224 Chapter 12 Analysis Tools for Investigators 227 Introduction 227 Why Use Analysis Tools at All? 227 Associational Analysis 229 Temporal Analysis 246 Conclusion 252 Suggested Readings 252 Notes 253 Chapter 13 Inferential Analysis 255 Introduction 255 How Inferential Analysis Helps 255 What Is an Inference Network? 256 Investigative Inference Analysis 259 The Key List 263 Constructing an Investigative Inference Chart 264 Plotting the Chart 268 Some Tips for Charting Success 272 Applying the Chart to the Investigative Process 273 Conclusion 275 Suggested Readings 275 Notes 277 Chapter 14 Documenting and Presenting the Case 279 Introduction 279 Creating a System 279 The Casebook System 280 Report Writing 287 Testifying as a Financial Expert 290 Conclusion 305 Suggested Readings 305 Notes 306 About the Authors 309 Index 311

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Book SynopsisTrade ReviewIn an unusually vigorous interrogation of philosophy and the social sciences, Lisa Guenther addresses one of humanity’s greatest inhumanities and its perversely long, extensive history in America. Guenther offers a compelling critique of solitary confinement, in the course of which she pushes phenomenology beyond its classical limits, revealing our inherent inter-subjectivity, our need for both interaction and anonymity, and the moral imperative that America end this cruel and barbaric form of punishment. An urgently needed, powerfully argued study of one of the nation’s gravest moral and socio-political failings.—Orlando Patterson, Harvard UniversityTable of ContentsContentsAcknowledgmentsIntroduction: A Critical Phenomenology of Solitary ConfinementI. The Early U.S. Penitentiary System1. An Experiment in Living Death2. Person, World, and Other: A Husserlian Critique of Solitary Confinement3. The Racialization of Criminality and the Criminalization of Race: From the Plantation to the Prison FarmII. The Modern Penitentiary4. From Thought Reform to Behavior Modification5. Living Relationality: Merleau-Ponty’s Critical Phenomenological Account of Behavior6. Beyond Dehumanization: A Posthumanist Critique of Intensive ConfinementIII. Supermax Prisons7. Supermax Confinement and the Exhaustion of Space8. Dead Time: Heidegger, Levinas, and the Temporality of Supermax Confinement9. From Accountability to Responsibility: A Levinasian Critique of Supermax RhetoricConclusion: AfterlivesNotesBibliographyIndex

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Book SynopsisIn July 2004, federal agents raided the homes of five Palestinian-American families, arresting the five dads. The first trial of the “Holy Land Foundation Five” ended in a hung jury. The second, marked by highly questionable procedures, resulted in very lengthy sentences—for “supporting terrorism” by donating to charities that the U.S. government itself and other respected international agencies had long worked with. In 2013, human rights activist and author Miko Peled started investigating this case. He discussed the miscarriages of justice with the men's lawyers and heard from the men's families about the devastating effects the case had on their lives. He also traveled to the remote federal prison complexes where the men were held to conduct deep interviews. Injustice traces the labyrinthine course of this case, presenting a terrifying picture of governmental over-reach in post-9/11 America.Trade Review"This critically important memoir . . . is a must-read." Naomi Wolf, author, social critic, political activist"This is a brilliantly rendered father and son saga amidst a background that evokes Greek mythology. The father was an Israeli hero in the fight for independence and the subsequent wars that led to Israeli dominance, and a brutal occupation. The father and son difficulties can never escape the bigger picture. This is a story of admirationand anger." Sy Hersh"The story of Miko Peled, his mother and father, reveals how facts, compassion and a universal sense of justice took hold and inspires this energetic and informed voice for peace." Ralph Nader"Injustice is a must-read book for anyone who wants to know how after 9/11, the US criminal justice system has been undermined and become another tool utilized by the pro-Israeli camp to silence and intimidate Palestinian Americans." Prof. Dr. Sami A. Al-Arian, Director and Public Affairs Professor, Center for Islam and Global Affairs, Islam ve Küresel Iliskiler Merkezi"Miko is a dedicated storyteller who approaches the difficult and complex Holy Land Foundation case in a sensitive, careful, and methodical manner while doing so with a humanistic focus on the impacted families. Injustice is a must-read." Dr. Hatem Bazian, U.C. Berkeley and Zaytuna College"This book is a compelling and moving account of the lives and trials of the Holy Land Foundation Five. It makes a convincing case that these 5 men are paying with long prison sentences for the 9/11 attacks, which they had nothing to do with." Louise Cainkar, author, Homeland Insecurity: The Arab American and Muslim American Experience after 9/11"Miko Peled tells the riveting story of a grave miscarriage of justice against the Holy Land Five . . . A must-read for all who seek the truth about how the US and Israel work hand-in-glove to oppress the Palestinians." Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law"Miko Peled's book conveys the humanity of the HLF5 and their families, and should be read widely and shared liberally to help support an international campaign for their freedom." Michael Deutsch, human rights lawyer, People's Law Office, Chicago, IL; co-author, Secrets and Lies: the Persecution of Muhammad Salah ; defense counsel for Muhammad Salah, Abdelhalem Ashqar, and Rasmea Odeh

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Book SynopsisThis new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.Table of Contents1. The defence solicitor; 2. Legal and professional duties; 3. Obtaining core information for the file; 4. Maintaining file quality; 5. Managing the case; 6. Shaping the case in the police station; 7. Funding the case; 8. The defendant in custody; 9. Advising your client to plead guilty or not guilty; and on likely sentences if convicted; 10. Choosing a place of trial; 11. Preparing for sentence: plea of guilty or conviction; 12. Directions and case management for trial: special measures, bad character and hearsay; 13. Preparing for trial: analysing witness testimony and obtaining disclosure; 14. Preparing for trial: gathering evidence and analysing physical material; 15. Preparing for a Crown Court trial: process issues; 16. Youths; 17. Clients at a disadvantage; 18. Action after acquittal or conviction and sentence; Appendices.

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Book SynopsisThis book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions. That's not my fingerprint, your honor,said the defendant,after FBI experts reported a 100-percentidentification.The FBI was wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validatethe basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percentcertainty about a fingerprint, when there is no such thing as a 100 percentmatch? Where is the quality control at the crime scenes and in the laboratories? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods?Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.Trade Review“Autopsy of a Crime Lab forcefully reminds us that despite what we see on CSI, even airtight evidence must first be interpreted by boastful and fallible humans.” * Vanity Fair *"Garrett shatters illusions that forensics are always scientifically accurate, and that experts brought in to testify always know their subject. Autopsy of a Crime Lab provides resources to move forward and fix forensics, to ensure that human and scientific errors are kept to a minimum." * CHOICE *"Autopsy of a Crime Lab argues that judges should take their responsibility as gatekeepers of scientific and technical evidence more seriously." * Reason *“Autopsy of a Crime Lab offers in its form as well as its content a convincing argument against the current state of forensic science, as well as promising solutions for the way forward. This book would be an excellent resource for academics but would also be a great starting point for anyone who wants to learn more about the problems inherent within forensics.” * True Crime Index *"In Autopsy of a Crime Lab, Brandon Garrett has produced the best overview for a general audience to date of the legal-scientific problems at the heart of this controversy." * Law & Society Review *"Autopsy of a Crime Lab is an important first step in bringing the forensic system 'back to life' by tackling both the science itself, and how it should be understood and implemented in the criminal-legal system." * Criminal Law & Criminal Justice Books *"This book is a must-read for any person involved in justice at any level. Failure to understand the basic science behind forensics is to court miscarriage of justice on a grand scale. Judges and lawyers would be well advised to read this book and to keep it close at hand." * South Africa Law Review *"Its analysis of the shortcomings of most forensic sciences is nothing short of devastating." * Judicature *Table of ContentsPart I The Crisis in Forensics Introduction 1. The Bite Mark Case 2. The Crisis in Forensics Part II Flawed Forensics 3. False ID 4. Error Rates 5. Overstatement 6. Qualifications 7. Hidden Bias 8. The Gatekeepers Part III Failed Labs 9. Failed Quality Control 10. Crime Scene Contamination Part IV The Movement to Fix Forensics 11. The Rebirth of the Lab 12. Big Data Forensics 13. Fixing Forensics Acknowledgments Appendix Notes Index

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Book SynopsisThe first comprehensive account of how the law and practice of child protection in Scotland has developed from its earliest origins to the present day, within the context of a changing world Key FeaturesPlaces the Scottish juvenile court in worldwide perspective and explores why the juvenile court ideals remain central to the contemporary children?s hearing system in Scotland, dealing with both child offenders and neglected and abused children.Gives detailed analysis of the legislation and explores the parliamentary debates surrounding Acts including the Children Act 1908, the Adoption of Children (Scotland) Act 1930, the Children and Young Persons (Scotland) Acts 1932 and 1937, the Children Act 1948, the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995 and the Children and Young People (Scotland) Act 2014Preserves in accessible form many long-forgotten legal and social aims, cases and secondary legislation Kenneth Norrie traces the assumptions that underlay child protection law at particular periods of time and identifies the pressures for change ? giving a clearer understanding of how and why the contemporary law is designed and operates as it does.Particular issues are traced in legislative detail, including court processes, the changing thresholds for state intervention, the increasing regulation of children?s homes and foster care, the developing rules on corporal punishment and the earlier practice of compulsory emigration to the colonies of children removed from their parents. The transformation of adoption is also covered in comprehensive detail. In drawing out key themes and common threads, Norrie sets contemporary developments against their historical context and offers a fuller understanding of child protection law in Scotland.

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Book SynopsisYour gateway to criminal law: drawing on the exceptional clarity and authority of Smith and Hogan, with a wealth of unique supportive learning features and guidance on assessment.Smith, Hogan, & Ormerod''s Essentials of Criminal Law takes students to the heart of this fascinating subject, providing focused, expert coverage alongside a wealth of student-friendly learning features to aid study.- Combines the authority you would expect from a Smith, Hogan, and Ormerod title with numerous supportive learning features and an eye on developing analytical and assessment skills- Offers a thorough, accessible, and unique introduction to criminal law for the student reader- Numerous learning features across the text highlight key cases, sources for extra reading, and assessment advice, and flag common areas of confusion to avoid- Each chapter includes a section on reform including noted academic criticism of the law, furthering students'' analytical understanding- The updated sixth edition includes new content on section 45 of the Modern Slavery Act 2015, the Online Safety Act 2023, and recent case law such as Grey (2024), Marland v DPP (2023), and Mahmud (2024).Digital formats and resourcesThe sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The enhanced e-book offers a mobile experience and convenient access along with self-test questions, videos, animated diagrams, audio introductions, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksThe online resources, accessible via Law Trove and the enhanced e-book, include:- Over 400 self-test questions - A selection of videos from the authors explaining key topics and principles - Sample exam questions with answer guidance to help hone your assessment skills - Chapter summary sheets - Animated diagrams- Audio introductions to each topic - Further reading

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Book SynopsisWinner, 2018 Law & Legal Studies PROSE AwardThe consequences of big data and algorithm-driven policing and its impact on law enforcementIn a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence.This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual most-wanted lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.Andrew Guthrie Ferguson reveals how these new technologies viewed as race-neutral and objTrade ReviewThe case Ferguson makes is inherently interesting and increasingly urgent. * Los Angeles Review of Books *Important and relevant, this book will be indispensable to [anyone] interested in the practice of policing . . . Valuable for the critical civil rights and constitutional issues it raises. * Library Journal *Andrew Ferguson has written a path-breaking book about a crucial civil rights struggle of our time. The more law enforcement automates its work, the more minority communities are getting caught in a pernicious web of surveillance and punishment. Ferguson's work is as comprehensive as it is illuminating. A must read. -- Danielle Keats Citron,Morton & Sophia Macht Professor of Law, University of Maryland Carey School of LawFerguson has an incredible command of the many subjects that fall under the 'big data' umbrella, and his writing is at its best when social, cultural, and technological dynamics coalesce into one story. The book is particularly strong when Ferguson takes on how classism and racism shape smart policing datasets, which epitomize how 'big data' policing is held back by the many limitations of larger legal structures but is presented as the solution to that very problem. * Gizmodo *In this timely, informative and at times disturbing book, Andrew Ferguson exposes the promises and perils of big data for policing and privacy. This critically important work provides a comprehensive account of how big data can help police solve crime and enhance police accountability and oversight. However, the book simultaneously exposes how the use of big data to inform policing practices can mask, reify and reinforce racial bias under the cloak of objectivity. The Rise of Big Data Policing is a must read for judges, policymakers, advocates, activists, and anyone else who wants to understand what big data is and how it is transforming our criminal justice institutions, the law, and our privacy expectations in surprising and disturbing ways that should concern us all. -- L. Song Richardson,Professor of Law and Senior Associate Dean for Academic Affairs, University of California, IrvineThe first-ever comprehensive overview, The Rise of Big Data Policing strikes an adept balance in covering both the promise and the peril of predictive policing. . . . Fergusons legal expertise serves well as he addresses the dilemma of translating predictions based on data into police remedies and it serves well throughout the other varied topics of this multi-faceted, well-researched book. -- Eric Siegel * Big Think *This is the perfect time to educate the public about the field of predictive policing. The predictive policing methods used today are in adolescence rather than infancy, so they beg for thoughtful reflection and public discussion. Andrew Ferguson is the ideal person for the job! -- Jane Bambauer,Professor of Law, University of ArizonaThe Rise of Big Data Policing shifts our frame of reference on modern policing from the celebration of aggressive patrol tactics to urgent questions of the role new police technologies in the production of security, the risks to freedom, and the levers of social control in the expanding surveillance state. Andrew Ferguson opens a window to define, categorize, understand, and showcase the transformation and digital deregulation of policing, and its implications for liberty and security. Ferguson teaches us not only the fault lines in how police watch us, but how we can turn the tables to use new algorithms to watch the police. At stake is nothing less than individual liberty and the democratic control of policing. -- Jeffrey Fagan,Isidor and Seville Sulzbacher Professor of Law, Columbia UniversityA valuable foundation for understanding how prediction has suffused policing, in much the same way it has suffused the rest of society. Ferguson's criticisms are cogent, but more importantly he communicates clearly a broad factual picture of the situation as it stands today. * The Washington Free Beacon *In an important book that goes to the heart of issues at the forefront of contemporary life, Ferguson examines how police departments are now using supposedly 'objective'data-driven surveillance technologies to work more effectively in a budget-cutting era and to avoid claims of racial bias. In this engaging, well-written narrative, based on studies and a deep understanding of policing, [Ferguson] describes the growing police use of shareddata, its effects on how and where police work, and its usefulness in predicting future criminals . . .Essential reading for anyone who wants to understand how technology is changing American policing. * STARRED Kirkus Review *

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Book SynopsisWhenever a miscarriage of justice case hits the headlines, it is tempting to dismiss it as a shocking aberration. A mistake in a system that otherwise functions in a perfectly satisfactory fashion. This important book shows how the lack of an effective watchdog, failures in policing, poor legal defence in the wake of the legal aid pay freeze, an over-reliance on expert evidence and reluctance in the media to cover miscarriage cases has led to a growing crisis in the criminal justice system. If you think there's a safety net, think again. In 2017, the Criminal Cases Review Commission, the watchdog established to oversee and prevent miscarriages of justice, celebrated its twentieth anniversary. The release of the Birmingham Six in 1991 set in train a series of events: a Royal Commission was launched which ultimately led to major structural reform of the justice system and the creation of an independent body to investigate alleged miscarriages of justice. It didn't fix the problem. Journalist and campaigner Jon Robins explodes the complacency that exists around our criminal justice system by examining a series of shocking cases where there are serious concerns about the safety of each conviction.

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Book SynopsisConsidered a leading voice in criminology and political philosophy, the author discusses his ongoing work in criminal law and criminology, and he explains how his great insights relate to his central belief in a free society.

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Book SynopsisThis study of cartels and the reasons for criminalising economic collusion examines and evaluates the regimes of the USA, EU and UK and critically assesses attempts and suggestions for international convergence. The book goes beyond the standard economic and historical approaches prevalent in this area.Trade Review'Cartels, Markets and Crime advances a normative justification of the criminalisation of cartel conduct based on Rawls' Theory of Justice. It is an interesting addition to the literature, much of which is dominated by law and economics theories and contentions.' Brent Fisse, Criminal Law and Criminal Justice Books (clcjbooks.rutgers.edu)Table of ContentsIntroduction; 1. A normative approach to the criminalisation of cartel activity; 2. Corporate responsibility, agency and the advantages of vicarious liability; 3. Closing the deterrence gap: individual sanctions; 4. The American experience of cartel control: values and effectiveness; 5. The European experience; 6. The UK experience; 7. Internationalisation and transplantation; Conclusion.

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Book SynopsisSince their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.Table of Contents1. Foundations: history, concept and subject of European criminal law; 2. The protection of fundamental rights in Europe; 3. Europeanised substantive criminal law in the broader sense (Council of Europe and EU); 4. Procedural law: police and judicial cooperation; 5. Institutionalisation; 6. General literature.

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Book SynopsisHow do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world''s largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.Trade Review'No one but Hurst could have written this book. His close study of variation across and within two giant countries generates theoretical insights that go well beyond China and Indonesia, though scholars of each country will also profit. A monumental achievement and a major advance in socio-legal studies.' Tom Ginsburg, University of Chicago Law School'Ruling Before the Law brings a fresh and stimulating perspective to the study of legal systems. The author rejects the dominant Rule of Law framework, in which China is understood as either having or not having the Rule of Law, or as somewhere along a Rule of Law continuum. Instead, he uses a political science perspective to posit a different way to understand the relevant characteristics of a legal regime, allowing us to understand better how and in what specific respects national legal systems either resemble or differ from each other.' Donald Clarke, George Washington University Law School'... the book aims to bring a new perspective to the study of law and society and judicial politics ...' Wang Jiangyu, Comparative PoliticsTable of ContentsIntroduction; 1. Understanding legal regimes; 2. Historical overview of Chinese and Indonesian legal regimes; 3. Law and revolution: mobilizational justice and charismatic politics; 4. Rule by law: authoritarian legitimacy and legal efficiency; 5. Neotraditional sclerosis: law in the service of stagnant hierarchies.

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Book SynopsisA compelling investigation of historically unpunished murders by a respected legal theorist. Lawrence M. Friedman compares different examples of unpunished homicides including early vigilante justice, crimes of passion and mercy killings, and argues that the basis of these 'crimes without punishment' are conflicts in social and cultural norms.Table of ContentsIntroduction; 1. Popular justice and injustice; 2. The unwritten law; 3. Dead on arrival; 4. The quality of mercy; 5. Black swans; 6. The meaning of unwritten law.

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Book SynopsisThis edited volume provides, for the first time, a comprehensive account of theoretical approaches to international punishment. Its main objective is to contribute to the development of a consistent and robust theory of international criminal punishment. For this purpose, the authors - renowned scholars in the fields of criminal law, international criminal law, and philosophy of law, as well as practitioners working at different international criminal courts and tribunals - address the question of meaning and purpose of punishment in international law from various perspectives. The volume fleshes out the predominant dimensions of a theory of international punishment and highlights the differences between ''ordinary'' (domestic) crime and international crimes and their respective enforcement. At the same time, throughout the volume a major focus is on the practical consequences of the different theoretical approaches, in particular for the activities of the International Criminal Court.Trade Review'Written by experts on international criminal law, this volume will intrigue lawyers, criminologists, sociologists, and anyone wondering how punishment is achieved when dealing with some of the worst crimes possible.' W. R. Pruitt, ChoiceTable of Contents1. Introduction: the need for a robust and consistent theory of international punishment Florian Jeßberger and Julia Geneuss; 2. The practical importance of theories of punishment in international criminal law Silvia Fernández De Gurmendi; Part I. Setting the Framework – Criminological, Historical and Domestic Perspectives: 3. Criminology of international crimes Frank Neubacher; 4. Punishment rationales in international criminal jurisprudence – two readings of a non-question Sergey Vasiliev; 5. Punishment and the domestic analogy – why it can and cannot work Elies Van Sliedregt; 6. Not much, but better than nothing – purposes of punishment in international criminal law: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Kai Ambos; 7. The why question in international criminal punishment – framing the landscapes of asking: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Immi Tallgren; 8. Is international criminal law special?: A comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Jochen Bung; Part II. Rationales for Punishment in International Criminal Law – Theoretical Perspectives: 9. 'Can I be brought before the ICC?' – Deterrence of mass atrocities between jus in bello and jus ad bellum Jakob V. H. Holtermann; 10. An Argument for retributivism in international criminal law Mordechai Kremnitzer; 11. Expressive theory of international punishment for international crimes Daniela Demko; 12. We're exhausting ourselves, let's get busy instead a comment on the contributions by Jakob v. H. Holtermann, Mota Kremnitzer and Daniela Demko Mark Drumbl; 13. Positive general prevention and the idea of civic courage in international criminal law Klaus Günther; 14. The individual and the international community – an outline for a combined meso preventive theory of international punishment Andreas Werkmeister; 15. The right to punishment for international crimes Jens David Ohlin; Part III. Consequences for the Practice of the International Criminal Court: 16. Prosecution strategy at the International Criminal Court in search of a theory Alex Whiting; 17. Selectivity in international criminal law – asymmetrical enforcement as problem for theories of punishment Harmen Van Der Wilt; 18. Theories of punishment in sentencing decisions of the International Criminal Court Gerhard Werle and Aziz Epik; 19. Theories of punishment at the Hague a comment on the contributions by Alex Whiting, Harmen van der Wilt and Gerhard Werle and Aziz Epik Silvia D'ascoli; 20. From punitive to restorative justice – victims participation, reparations and theories of punishment Philipp Ambach; 21. Concluding remarks: dimensions of 'why punish' Florian Jebberger and Julia Geneuss; Select bibliography; Index.

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Book SynopsisCriminal justice expert Norman M. Garland authored Criminal Law for the Criminal Justice Professional to provide a comprehensive study of the rules and laws that encompass the structure of the American criminal justice system. The text offers a wide-ranging overview of the nature, origins, and purposes of the criminal justice system, to help students build a thorough understanding of this complex subject. Highlights include an illustrative discussion of the differences between criminal law and other laws; a thoughtful examination of the elements of crime; and updated data throughout. The book explores shifts in the emphasis of lawmakers and courts in the shaping of American criminal law in the global political, economic, and social climate of the 21st century.  Straightforward yet analytical, the book provides students with a clear and current examination of American criminal law.  The book is designed primarily for undergraduates enrolled in

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Book SynopsisAddressing the misunderstood and misrepresented aspects of the law in today''s writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.

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Book Synopsis

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