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Discretionary Police Powers to Punish

Discretionary Police Powers to Punish PDF 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.

Discretionary Police Powers to Punish

Discretionary Police Powers to Punish PDF 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.

Police Powers and Citizens’ Rights

Police Powers and Citizens’ Rights PDF Author: Layla Skinns
Publisher: Routledge
ISBN: 1136170839
Category : Social Science
Languages : en
Pages : 388

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.

Discretion in Criminal Justice

Discretion in Criminal Justice PDF Author: Lloyd E. Ohlin
Publisher: State University of New York Press
ISBN: 143841496X
Category : Social Science
Languages : en
Pages : 390

Book Description


Law as Punishment / Law as Regulation

Law as Punishment / Law as Regulation PDF 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.

Handled with Discretion

Handled with Discretion PDF Author: John Kleinig
Publisher: Rowman & Littlefield
ISBN: 9780847681778
Category : Business & Economics
Languages : en
Pages : 246

Book Description
This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.

Vagrant Nation

Vagrant Nation PDF Author: Risa Lauren Goluboff
Publisher: Oxford University Press
ISBN: 0199768447
Category : History
Languages : en
Pages : 481

Book Description
"People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--

Discretionary Justice

Discretionary Justice PDF Author: Kenneth Culp Davis
Publisher: Baton Rouge : Louisiana State University Press
ISBN: 9780807103043
Category : Administrative discretion
Languages : en
Pages : 233

Book Description


The Handbook of Crime & Punishment

The Handbook of Crime & Punishment PDF Author: Michael H. Tonry
Publisher: Oxford University Press, USA
ISBN: 9780195140606
Category : Business & Economics
Languages : en
Pages : 836

Book Description
Consisting of 28 articles, this comprehensive reference work on the study of crime, examines: its causes, effects, trends, and institutions, current philosophies of punishment and ways of controlling crime.

The Retrieval of Liberalism in Policing

The Retrieval of Liberalism in Policing PDF Author: Luke William Hunt
Publisher:
ISBN: 0190904992
Category : Law
Languages : en
Pages : 265

Book Description
Policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The Retrieval of Liberalism in Policing provides an account of what it might mean to retrieve policing that is consistent with the limits imposed by the basic legal and philosophical tenets of liberalism.

Public Law

Public Law PDF Author: Michael Doherty
Publisher: Routledge
ISBN: 1317206657
Category : Law
Languages : en
Pages : 617

Book Description
Public Law is an ideal choice for all undergraduate and GDL students looking for a comprehensive yet accessible textbook on this area of law. The author’s clear writing style, plentiful explanations and focus on modern case law demystify difficult concepts and help to bring the subject to life. Public Law covers the key institutions, concepts and legal rules in the United Kingdom constitutional system. It explores the administrative justice system, including judicial review, and the protection of human rights. Its central theme is the notion of State power and the relationship between the State and the citizen. Clearly written and easy to use, Public Law enables students to fully engage with the topic and gain a profound understanding of this fundamental area. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL which will help students Move beyond an understanding of the law Refine and develop the key skills of problem-solving, evaluation and critical reasoning which are essential to assessment success Discover sources and suggestions for taking your study further By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice and gain a unique appreciation of the contemporary context of the subject. This book is supported by a range of online resources developed to support your learning, keep you up-to-date and to help you prepare for assessments.