Reshaping the Criminal Law PDF Download

Author: Glanville Llewelyn Williams
Publisher: Sweet & Maxwell
ISBN:
Category : Law
Languages : en
Pages : 672

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Author: Stephen Farrall
Publisher: Routledge
ISBN: 1317277627
Category : Social Science
Languages : en
Pages : 264

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Book Description
In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.

Author: R. A. Duff
Publisher: Oxford University Press
ISBN: 0199644314
Category : Law
Languages : en
Pages : 244

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This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.

Author: Samuel H. Pillsbury
Publisher: Routledge
ISBN: 0429756453
Category : Social Science
Languages : en
Pages : 416

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Book Description
Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author: Richard Weisman
Publisher: Routledge
ISBN: 1317055098
Category : Social Science
Languages : en
Pages : 158

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Book Description
Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.

Author: Richard Falk
Publisher: Routledge
ISBN: 1134070241
Category : Law
Languages : en
Pages : 498

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Book Description
This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.

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

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"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"--

Author: Peter B. Kraska
Publisher: UPNE
ISBN: 9781555534769
Category : History
Languages : en
Pages : 190

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Book Description
Controlling threats to national security has long been the mission of the U.S. military, while civilian law enforcement has dealt with domestic problems of crime, illegal drugs, and internal disorder. This groundbreaking collection argues persuasively that the conventional distinctions between these two forces are becoming blurred and considers the far-reaching consequences of the disquieting trend to militarize the nation's criminal justice system. The contributors examine the historical and current interrelationships between the military and police, illuminating such areas as the ideological similarities between waging real wars and fighting the wars on drugs and crime, the reshaping of the military's role after the end of the Cold War, the rapidly growing influence of advanced military technology in civilian society, and the adaptation of military models such as boot camps and SWAT teams in policing and corrections. As the lines between the military industrial complex and the criminal justice enterprise become ever more clouded, this work provides a much-needed evaluation of the thorny issues, dangers, and public policy ramifications raised by the entanglement between militari

Author: Andrew Halpin
Publisher: Hart Publishing
ISBN: 1841130710
Category : Law
Languages : en
Pages : 229

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Book Description
This book investigates the role and scope of definition in criminal law, the nature of legal materials and the diversity of perspectives on law.

Author: Aaron Griffith
Publisher: Harvard University Press
ISBN: 0674238788
Category : History
Languages : en
Pages : 346

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Winner of a Christianity Today Book Award An incisive look at how evangelical Christians shaped—and were shaped by—the American criminal justice system. America incarcerates on a massive scale. Despite recent reforms, the United States locks up large numbers of people—disproportionately poor and nonwhite—for long periods and offers little opportunity for restoration. Aaron Griffith reveals a key component in the origins of American mass incarceration: evangelical Christianity. Evangelicals in the postwar era made crime concern a major religious issue and found new platforms for shaping public life through punitive politics. Religious leaders like Billy Graham and David Wilkerson mobilized fears of lawbreaking and concern for offenders to sharpen appeals for Christian conversion, setting the stage for evangelicals who began advocating tough-on-crime politics in the 1960s. Building on religious campaigns for public safety earlier in the twentieth century, some preachers and politicians pushed for “law and order,” urging support for harsh sentences and expanded policing. Other evangelicals saw crime as a missionary opportunity, launching innovative ministries that reshaped the practice of religion in prisons. From the 1980s on, evangelicals were instrumental in popularizing criminal justice reform, making it a central cause in the compassionate conservative movement. At every stage in their work, evangelicals framed their efforts as colorblind, which only masked racial inequality in incarceration and delayed real change. Today evangelicals play an ambiguous role in reform, pressing for reduced imprisonment while backing law-and-order politicians. God’s Law and Order shows that we cannot understand the criminal justice system without accounting for evangelicalism’s impact on its historical development.