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Author: Richard H. McAdams Publisher: ISBN: Category : Defense (Criminal procedure) Languages : en Pages : 23
Book Description
This short essay, written for a symposium commemorating Richard Posner's twenty-fifth year as a judge, examines Judge Posner's majority opinion for a closely divided en banc decision on the federal entrapment defense. The cases considers a fundamental issue in the meaning of the element of 'predisposition.' Judge Posner crafts a boldly innovative reading of the Supreme Court precedent on the topic, introducing the element of 'position' or 'readiness' to predisposition. I claim the result, properly understood, is to rationalize the doctrine of entrapment.
Author: Richard H. McAdams Publisher: ISBN: Category : Defense (Criminal procedure) Languages : en Pages : 23
Book Description
This short essay, written for a symposium commemorating Richard Posner's twenty-fifth year as a judge, examines Judge Posner's majority opinion for a closely divided en banc decision on the federal entrapment defense. The cases considers a fundamental issue in the meaning of the element of 'predisposition.' Judge Posner crafts a boldly innovative reading of the Supreme Court precedent on the topic, introducing the element of 'position' or 'readiness' to predisposition. I claim the result, properly understood, is to rationalize the doctrine of entrapment.
Author: Mark D. White Publisher: Oxford University Press ISBN: 0199877017 Category : Law Languages : en Pages : 270
Book Description
In Retributivism: Essays on Theory and Policy, Professor Mark D. White and his contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications in addition to theoretical implications. The twelve chapters in this book, written by leading legal scholars and philosophers, cover the various justifications and conceptions of retributivism, its philosophical foundations (often questioning conventional understandings), and how retributivism informs actual criminal justice procedures and practices.
Author: Brendon Murphy Publisher: Springer Nature ISBN: 9813363819 Category : Law Languages : en Pages : 378
Book Description
This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side – a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.
Author: Bernard E. Harcourt Publisher: Harvard University Press ISBN: 0674059360 Category : Business & Economics Languages : en Pages : 337
Book Description
It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
Author: G. Larry Mays Publisher: Aspen Publishing ISBN: 1454846674 Category : Law Languages : en Pages : 499
Book Description
This author team had students in mind when they wrote the book on Criminal Law. Criminal Law: Core Concepts uses examples and case excerpts that are interesting and informative, along with logically organized, plain-English discussion of the Model Penal Code. This is the basis for developing a solid understanding of criminal law concepts. One look inside this book and you ll notice that every page promises unobstructed learning. You ll see an uncluttered page design, uncluttered coverage, writing uncluttered by legalese, and case excerpts uncluttered by extraneous detail Everything in this book serves a purpose. Criminal Law: Core Concepts features: A commitment to clarity, reflected in the writing style, organization, pedagogy, and design Shrewd case editing that hones in on salient themes and principles Engaging and informative examples throughout the text Plain English discussion of the Model Penal Code Timely coverage of contemporary topics, such as street crime
Author: Trevor Aaronson Publisher: ISBN: 9781935439967 Category : Intelligence service Languages : en Pages : 0
Book Description
A groundbreaking work of investigative journalism, The Terror Factory shows how the FBI has - under the guise of engaging in counterterrorism since 9/11 - built a network of informants whose primary purpose is to infiltrate Muslim communities to create phony terrorist plots so the bureau can claim victory in the War on Terror. Now Aaronson reveals in detail how the FBI transformed from a reactive law enforcement agency into a proactive counterterrorism unit, and how so-called terror consultants have made fortunes by exaggerating the threat of Islamic terror in the US.
Author: W. Edward Orser Publisher: University Press of Kentucky ISBN: 0813184053 Category : Social Science Languages : en Pages : 358
Book Description
This innovative study of racial upheaval and urban transformation in Baltimore, Maryland investigates the impact of "blockbusting"—a practice in which real estate agents would sell a house on an all-white block to an African American family with the aim of igniting a panic among the other residents. These homeowners would often sell at a loss to move away, and the real estate agents would promote the properties at a drastic markup to African American buyers. In this groundbreaking book, W. Edward Orser examines Edmondson Village, a west Baltimore rowhouse community where an especially acute instance of blockbusting triggered white flight and racial change on a dramatic scale. Between 1955 and 1965, nearly twenty thousand white residents, who saw their secure world changing drastically, were replaced by blacks in search of the American dream. By buying low and selling high, playing on the fears of whites and the needs of African Americans, blockbusters set off a series of events that Orser calls "a collective trauma whose significance for recent American social and cultural history is still insufficiently appreciated and understood." Blockbusting in Baltimore describes a widely experienced but little analyzed phenomenon of recent social history. Orser makes an important contribution to community and urban studies, race relations, and records of the African American experience.
Author: Richard H. McAdams
Author: Richard H. McAdams
Author: Mark D. White
Author: Brendon Murphy
Author: Charles Alan Wright
Author: 
Author: Bernard E. Harcourt
Author: G. Larry Mays
Author: Trevor Aaronson
Author: Peter Becker
Author: W. Edward Orser