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Author: Clare Farmer Publisher: Springer ISBN: 9811088691 Category : Social Science Languages : en Pages : 85
Book Description
This book uses an Australian case study to shine a much-needed spotlight on discretionary police powers to punish, and their implications for justice and human rights. It offers a revealing analysis of the problematic rationales that secured the legislative passage of banning notice provisions through the State Parliament of Victoria, Australia in 2007, which occurred amidst similar developments in other jurisdictions across the world: in the UK, New Labour’s “tough on crime” initiative in the 1990s, responses to the post 9/11 terror threat, and more recent lockout laws in Sydney, Australia. The Victorian case study offers a range of datasets including Hansard parliamentary debates, Victoria Police data, media coverage and interviews with magistrates. This material provides critical insights into the broader consequences of discretionary police powers, including their effect upon the separation of powers, individual rights, and the steady and largely unchecked proliferation of discretionary police powers across most Australian jurisdictions. On the tenth anniversary of these first Victorian on-the-spot banning powers, this Brief provides a sound basis for subsequent criminological explorations of the effectiveness of banning in tackling issues of disorder, deterrence and punishment, and of the broader challenge of balancing individual rights and community protection.
Author: Clare Farmer Publisher: Springer ISBN: 9811088691 Category : Social Science Languages : en Pages : 85
Book Description
This book uses an Australian case study to shine a much-needed spotlight on discretionary police powers to punish, and their implications for justice and human rights. It offers a revealing analysis of the problematic rationales that secured the legislative passage of banning notice provisions through the State Parliament of Victoria, Australia in 2007, which occurred amidst similar developments in other jurisdictions across the world: in the UK, New Labour’s “tough on crime” initiative in the 1990s, responses to the post 9/11 terror threat, and more recent lockout laws in Sydney, Australia. The Victorian case study offers a range of datasets including Hansard parliamentary debates, Victoria Police data, media coverage and interviews with magistrates. This material provides critical insights into the broader consequences of discretionary police powers, including their effect upon the separation of powers, individual rights, and the steady and largely unchecked proliferation of discretionary police powers across most Australian jurisdictions. On the tenth anniversary of these first Victorian on-the-spot banning powers, this Brief provides a sound basis for subsequent criminological explorations of the effectiveness of banning in tackling issues of disorder, deterrence and punishment, and of the broader challenge of balancing individual rights and community protection.
Author: Lloyd E. Ohlin Publisher: SUNY Press ISBN: 9780791415634 Category : Social Science Languages : en Pages : 390
Book Description
A retrospective account of the research done in the 1950s by the American Bar Foundation which conducted a pilot survey of the processing of offenders from arrest to prison--to observe what actually happened at each decision point, instead of assuming that doctrinal legal analyses were sufficient. Many of the chief participants in the Survey of Criminal Justice write here about the consequences of the earlier research for subsequent scholarship, teaching, and policy, and reflect on the problem of discretion in criminal justice.
Author: Gregory Williams Publisher: Praeger ISBN: Category : Law Languages : en Pages : 272
Book Description
This study examines the discretional decision-making of U.S. police officers with respect to the decision to arrest. It finds that socioeconomic status, age, sex, and personal appearance are among the factors influencing police arrest decisions, as well as the background, prejudice, experience, and personality of the individual officer. It concludes that strong and coordinated efforts on the part of police, state and local government, and the judiciary, will be needed to implement guidelines to control arrest decisions.
Author: Markus D. Dubber Publisher: Oxford University Press ISBN: 0191061786 Category : Law Languages : en Pages : 320
Book Description
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Author: Austin Sarat Publisher: Stanford University Press ISBN: 0804782113 Category : Law Languages : en Pages : 257
Book Description
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Author: LAYLA. SKINNS Publisher: Routledge ISBN: 9780367661595 Category : Languages : en Pages : 248
Book Description
Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens' rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.
Author: Samuel Walker Publisher: Oxford University Press, USA ISBN: 0195078209 Category : History Languages : en Pages : 202
Book Description
Traces the history of attempts since the 1950s to control the discretionary powers in the US criminal justice system. The author synthesizes the findings of a large body of literature for the benefit of practitioners and interested students of the criminal justice system.
Author: Clare Farmer
Author: Clare Farmer
Author: Burton Atkins
Author: Lloyd E. Ohlin
Author: Gregory Williams
Author: William Packer Prentice
Author: Markus D. Dubber
Author: Austin Sarat
Author: LAYLA. SKINNS
Author: David E. Aaronson
Author: Samuel Walker