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Author: R. A. Duff Publisher: OUP Oxford ISBN: 0191655279 Category : Law Languages : en Pages : 250
Book Description
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Author: R. A. Duff Publisher: OUP Oxford ISBN: 0191655279 Category : Law Languages : en Pages : 250
Book Description
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Author: Akhil Reed Amar Publisher: Yale University Press ISBN: 9780300074888 Category : Law Languages : en Pages : 292
Book Description
Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
Author: Walter P. Signorelli Publisher: Taylor & Francis ISBN: 1000959236 Category : Law Languages : en Pages : 396
Book Description
Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Author: John T. Parry Publisher: Cambridge University Press ISBN: 1107434068 Category : Law Languages : en Pages : 353
Book Description
The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
Author: Jerold Israel Publisher: West Academic Publishing ISBN: 9781636599267 Category : Languages : en Pages : 0
Book Description
This title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.
Author: Tina M. Fielding Fryling Publisher: Aspen Publishing ISBN: 1543858562 Category : Law Languages : en Pages : 664
Book Description
Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Author: Cliff Roberson Publisher: Routledge ISBN: 1000515885 Category : Social Science Languages : en Pages : 369
Book Description
Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It updates recent decisions by the Supreme Court of the United States and includes a discussion on the current makeup and policy of the Supreme Court. Learning objectives and summary outlines of recent Supreme Court decisions, combined with practical examples and selected actual court documents, enhance students’ understanding of the most important issues regarding the US Constitution and its application in the criminal justice system. The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process; the First, Fourth, Fifth, Sixth, and Eighth Amendments; and the exclusionary rule. A unique chapter addressing civil liability and the criminal justice professional is especially relevant to students in criminal justice programs. Concise and informative, this book is designed to be used in undergraduate courses in criminal justice and justice administration programs in universities and community colleges.
Author: Robert M. Bloom Publisher: Wolters Kluwer ISBN: 0735562911 Category : Law Languages : en Pages : 402
Book Description
Updated to reflect important current events, Examples & Explanations: Criminal Procedure: The Constitution And The Police, Fifth Edition, retains its proven format of presenting criminal procedure as a sequence of procedures mirroring real-life events in law enforcement. Well-written and user friendly, this concise paperback is an asset to any criminal procedure course. Carefully crafted to aid students' understanding, this study aid gives students a sense of the theoretical flow and logic of law enforcement by following police procedural order graphically demonstrates legal standards and concepts through the use of Charts and illustrations. starts with easy, confidence-building examples and gradually moves on to more challenging examples that test students' knowledge and analytical skills utilizes the proven Examples and Explanations format to explain concepts and allow students to develop analytical and problem-solving skills Special features of the Fifth Edition include: terrorism in the United States And The Fourth Amendment ramifications Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/bloombrodin5
Author: Jerold H. Israel Publisher: West Academic Publishing ISBN: 9781684679959 Category : Languages : en Pages : 1277
Book Description
This title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.
Author: R. A. Duff
Author: R. A. Duff
Author: Akhil Reed Amar
Author: David Stewart Rudstein
Author: Walter P. Signorelli
Author: John T. Parry
Author: Jerold Israel
Author: Tina M. Fielding Fryling
Author: Cliff Roberson
Author: Robert M. Bloom
Author: Jerold H. Israel