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Criminal Justice Policy and Planning: Planned Change
by Philip W. Harris Wayne N. WelshUnlike other textbooks on the subject, Criminal Justice Policy and Planning: Planned Change, Fifth Edition, presents a comprehensive and structured account of the process of administering planned change in the criminal justice system. Welsh and Harris detail a simple yet sophisticated seven-stage model, which offers students and practitioners a full account of program and policy development from beginning to end. The authors thoughtfully discuss the steps: analyzing a problem; setting goals and objectives; designing the program or policy; action planning; implementing and monitoring; evaluating outcomes; and reassessing and reviewing. Within these steps, students focus on performing essential procedures, such as conducting a systems analysis, specifying an impact model, identifying target populations, making cost projections, collecting monitoring data, and performing evaluations. In reviewing these steps and procedures, students can develop a full appreciation for the challenges inherent in the process and understand the tools that they require to meet those challenges. To provide for a greater understanding of the material, the text uses a wide array of real-life case studies and examples of programs and policies. Examples include policies such as Restorative Justice, Justice Reinvestment, Stop-and-Frisk, and the Brady Act, and programs such as drug courts, community-based violence prevention, and halfway houses. By examining the successes and failures of various innovations, the authors demonstrate both the ability of rational planning to make successful improvements and the tendency of unplanned change to result in undesirable outcomes. The result is a powerful argument for the use of logic, deliberation, and collaboration in criminal justice innovations.
Criminal Justice, Risk and the Revolt against Uncertainty (Palgrave Studies in Risk, Crime and Society)
by John Pratt Jordan AndersonThis book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the ‘revolt against uncertainty’ which has underpinned the rise of populist politics across these societies in recent years. It asks what impact the demands for more certainty and security, and the insistence that national identity be reasserted, will have on criminal law and penal policy. Drawing upon contributions made at a symposium held at Victoria University of Wellington, New Zealand in November 2018, this edited collection also discusses the way in which risk has come to inform sentencing practices, broader criminal justice processes and the critical issues associated with this. It also examines the growth and making of new ‘risky populations’ and the harnessing of risk-prevention logics, techniques and mechanisms which have inflated the influence of risk on criminal justice.
Criminal Justice Theory: An Introduction (PDF)
by Roger Hopkins BurkeCriminal Justice Theory examines the theoretical foundations of criminal justice in the modern era, whilst also considering legal philosophy and ethics, explaining criminal behaviour, and discussing policing, the court process, and penology in the context of contemporary socio-economic debates. Throughout the book, a realist theoretical thread acts as a guide interlinking concepts of social progress, conflict, and cerebral models of criminal justice, whilst also recognizing our collusion in the creation of an increasingly pervasive culture of socio-control which now characterizes contemporary society. The complex theoretical issues tackled in this book are addressed in an accessible style, making this a relevant and comprehensive introduction to criminal justice theory for students on a wide range of undergraduate criminal justice modules. It is also a helpful guide for those commencing postgraduate studies in the disciplines of criminal justice, criminology, and law.
Criminal Law-Making: Theory and Practice (Legisprudence Library #7)
by José BecerraThis book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan (International and Comparative Criminal Justice)
by Lutz OetteSudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan (International and Comparative Criminal Justice)
by Lutz OetteSudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
Criminal Legalities and Minorities in the Global South: Rights and Resistance in a Decolonial World (Palgrave Socio-Legal Studies)
by Pablo Ciocchini George B. RadicsThis book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.
Criminal Liability of Political Decision-Makers: A Comparative Perspective
by Frank ZimmermannThis book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making.Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction.The individual contributions cover topics such as:“bad” political decisions that result in a waste of taxpayers’ moneycorruption and conflicts of interest in political decision-makingimmunities and procedural obstacles to the effective prosecution of politiciansabuse of criminal law and criminal proceedings in the political arenacriminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion.Leading experts examine these and other issues from a comparative perspective.
Criminal Major Case Management: Persons of Interest Priority Assessment Tool (POIPAT)
by Larry WilsonIn high-profile investigations, when the suspect pool is very large, resources are unduly strained unless the pool can be narrowed down to the most likely offenders. The Persons of Interest Priority Assessment Tool (POIPAT) provides an objective and consistent means of establishing a priority ranking of suspects or persons of interest in any invest
Criminal Major Case Management: Persons of Interest Priority Assessment Tool (POIPAT)
by Larry WilsonIn high-profile investigations, when the suspect pool is very large, resources are unduly strained unless the pool can be narrowed down to the most likely offenders. The Persons of Interest Priority Assessment Tool (POIPAT) provides an objective and consistent means of establishing a priority ranking of suspects or persons of interest in any invest
Criminal Psychology and Forensic Technology: A Collaborative Approach to Effective Profiling
by Grover Maurice GodwinOffender profiling has been developing slowly as a possible investigative tool since 1841 and the publication of Edgar Allen Poe's The Murder in the Rue Morgue. In this book, detective C. Auguste Dupin demonstrates the ability to follow the thought patterns of a companion while they stroll through Paris for 15 minutes without speaking a word. Today
Criminal Records: A Database for the Criminal Justice System and Beyond
by T. ThomasTerry Thomas considers the use of criminal records within the criminal justice system and beyond - especially the growth of their use for pre-employment screening via the Criminal Records Bureau. This book also considers future developments and the impact that transferring criminal records across international borders will have.
Criminal Responsibility for the Crime of Aggression (Routledge Research in International Law)
by Patrycja GrzebykSince the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
Criminal Responsibility for the Crime of Aggression (Routledge Research in International Law)
by Patrycja GrzebykSince the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
Criminal Sociology
by Enrico FerriA new departure in science is a simple phenomenon of nature, determined in its origin and progress, like all such phenomena, by conditions of time and place. Attention must be drawn to these conditions at the outset, for it is only by accurately defining them that the scientific conscience of the student of sociology is developed and confirmed. The experimental philosophy of the latter half of our century, combined with human biology and psychology, and with the natural study of human society, had already produced an intellectual atmosphere decidedly favourable to a practical inquiry into the criminal manifestations of individual and social life. To these general conditions must be added the plain and everyday contrast between the metaphysical perfection of criminal law and the progressive increase of crime, as well as the contrast between legal theories of crime and the study of the mental characteristics of a large number of criminals.
Criminal Theory and International Human Rights Law (Routledge Research in Human Rights Law)
by Steven MalbyThe development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Criminal Theory and International Human Rights Law (Routledge Research in Human Rights Law)
by Steven MalbyThe development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
The Criminal Trial in Law and Discourse
by T. KirchengastThis book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
The Criminalisation of Communism in the European Political Space after the Cold War (Critical European Studies)
by Laure NeumayerMemory has taken centre stage in European-level policies after the Cold War, as the Western historical narrative based on the uniqueness of the Holocaust was being challenged by calls for an equal condemnation of Communism and Nazism. This book retraces the anti-communist mobilisations carried out by Central European representatives in the Parliamentary Assembly of the Council of Europe and in the European Parliament since the early 1990s. Based on archive consultation, interviews and ethnographic observation, it analyses the memory entrepreneurs’ requests for collective remembrance and legal accountability of Communist crimes in European institutions, Pan-European political parties and transnational advocacy networks. The book argues that these newcomers managed to strengthen their positions and impose a totalitarian interpretation of Communism in the European assemblies, which directly shaped the EU’s remembrance policy. However, the rules of the European political game and recurring ideological conflicts with left-wing opponents reduced the legal and judicial implications of this anti-communist grammar at the European level. This text will be of key interest to scholars and graduate students in memory studies, post-Communist politics and European studies, and more broadly in history, political science and sociology.
The Criminalisation of Communism in the European Political Space after the Cold War (Critical European Studies)
by Laure NeumayerMemory has taken centre stage in European-level policies after the Cold War, as the Western historical narrative based on the uniqueness of the Holocaust was being challenged by calls for an equal condemnation of Communism and Nazism. This book retraces the anti-communist mobilisations carried out by Central European representatives in the Parliamentary Assembly of the Council of Europe and in the European Parliament since the early 1990s. Based on archive consultation, interviews and ethnographic observation, it analyses the memory entrepreneurs’ requests for collective remembrance and legal accountability of Communist crimes in European institutions, Pan-European political parties and transnational advocacy networks. The book argues that these newcomers managed to strengthen their positions and impose a totalitarian interpretation of Communism in the European assemblies, which directly shaped the EU’s remembrance policy. However, the rules of the European political game and recurring ideological conflicts with left-wing opponents reduced the legal and judicial implications of this anti-communist grammar at the European level. This text will be of key interest to scholars and graduate students in memory studies, post-Communist politics and European studies, and more broadly in history, political science and sociology.
The Criminalisation of Irregular Migration in Europe: Globalisation, Deterrence, and Vicious Cycles (Politics of Citizenship and Migration)
by Matilde RosinaThis book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments’ attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter’s structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.
Criminalising Peacekeepers: Modernising National Approaches to Sexual Exploitation and Abuse
by Melanie O'BrienThis book examines Australia’s and the United States’ ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world’s most vulnerable communities. Discussion within United Nations’ reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O’Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers – a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.
Criminalising Peacekeepers: Modernising National Approaches to Sexual Exploitation and Abuse
by Melanie O'BrienThis book examines Australia’s and the United States’ ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world’s most vulnerable communities. Discussion within United Nations’ reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O’Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers – a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.
The Criminalization of Immigration: Truth, Lies, Tragedy, and Consequences
by Robert Hartmann McNamaraPresents the history of immigration to the United States; its criminalization under the Trump administration; debates over criminalization; effects on immigrants, U.S. residents, and the U.S. economy; and this country's relationships with other nations.This book offers a comprehensive understanding of past and current immigration policy in the United States and exposes falsehoods in the rhetoric and narrative portraying Latino and Mexican immigrants in the U.S. Much support for intensified immigration enforcement and deportation is based on repeated statements by federal officials, including the U.S. president, that immigrants pose a threat to national security, contribute to crime, and take jobs away from native-born residents. The evidence has consistently concluded that these narratives are inaccurate.This text examines white nationalism as a backdrop to understanding the rationale behind current immigration policy and tactics. It examines how political and economic factors, broadly defined as neoliberal policies, shape the immigration narrative. It addresses the criminal justice system's applicability to immigration, law enforcement efforts, problems with immigration courts and judges, and how the detention of immigrants is part of a larger mass incarceration of people of color. Finally, the text offers insight into the reasons for massive migration, with the U.S. contributing to the problem by supporting regimes that endorse or allow humanitarian crisis.
The Criminalization of Immigration: Truth, Lies, Tragedy, and Consequences
by Robert Hartmann McNamaraPresents the history of immigration to the United States; its criminalization under the Trump administration; debates over criminalization; effects on immigrants, U.S. residents, and the U.S. economy; and this country's relationships with other nations.This book offers a comprehensive understanding of past and current immigration policy in the United States and exposes falsehoods in the rhetoric and narrative portraying Latino and Mexican immigrants in the U.S. Much support for intensified immigration enforcement and deportation is based on repeated statements by federal officials, including the U.S. president, that immigrants pose a threat to national security, contribute to crime, and take jobs away from native-born residents. The evidence has consistently concluded that these narratives are inaccurate.This text examines white nationalism as a backdrop to understanding the rationale behind current immigration policy and tactics. It examines how political and economic factors, broadly defined as neoliberal policies, shape the immigration narrative. It addresses the criminal justice system's applicability to immigration, law enforcement efforts, problems with immigration courts and judges, and how the detention of immigrants is part of a larger mass incarceration of people of color. Finally, the text offers insight into the reasons for massive migration, with the U.S. contributing to the problem by supporting regimes that endorse or allow humanitarian crisis.