The Constitution and the Future of Criminal Justice in America PDF Download

Author: John T. Parry
Publisher: Cambridge University Press
ISBN: 1107434068
Category : Law
Languages : en
Pages : 353

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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: Jannemieke Ouwerkerk
Publisher:
ISBN: 9789004367364
Category : Criminal law
Languages : en
Pages : 0

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Book Description
In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

Author: Roscoe Pound
Publisher: Legare Street Press
ISBN: 9781021923264
Category : History
Languages : en
Pages : 0

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Book Description
In this compelling work, Roscoe Pound explores the future of criminal law and its role in society. He delves into the different theories and reforms that may shape the criminal justice system for years to come. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 184731726X
Category : Law
Languages : en
Pages : 561

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Book Description
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Author: Jude McCulloch
Publisher: Routledge
ISBN: 131767023X
Category : Social Science
Languages : en
Pages : 240

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Book Description
Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science fiction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.

Author: Leila Cavalcanti Castro
Publisher:
ISBN: 9781536152326
Category : Criminal law
Languages : en
Pages : 0

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Book Description
In this compilation, the authors open by reviewing some concepts that must be clear when we think about ways to help the civil law system to introduce the restorative practices in the criminal law system. Additionally, the authors compare European Union criminal law to the classical meaning of criminal law. The historical development of supranational criminal law is examined, including the different roles of the judicial practice and legislative acts and improving upon the competence of the European Union in criminal law. Lastly, the authors examine the origins and development of penitentiary law in the law schools of Buenos Aires, Córdoba and La Plata between 1887 and 1955. Although in the earlier times of this period only the universities of Buenos Aires and Córdoba were active in the field, the University of La Plata has been included in order to have a complete overview of the academic world in those years.

Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Category : Law
Languages : en
Pages : 468

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Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Author: DALLAS. MACK
Publisher:
ISBN: 9780779896769
Category :
Languages : en
Pages :

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Book Description

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654698
Category : Law
Languages : en
Pages : 560

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Book Description
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Author: Kevin C. McMunigal
Publisher: Ingram
ISBN: 9781531004019
Category : Criminal law
Languages : en
Pages : 0

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Book Description
Criminal Law: Problems, Statutes, and Cases combines effective, innovative teaching methods, such as the use of problems and visual materials, with cases, including recent opinions on bias intimidation, possession of child pornography, threatening speech on social media, and theft of computer code. Key features include: A problem methodology. The book incorporates problem methodology with extensive use of problems, many based on recent cases. A statutory approach. A primary goal of the book is teaching skills in interpreting and, to a lesser degree, writing statutes. Visual materials. Visual materials include: (1) diagrammed crimes; (2) graphic exercises, such as having students create a timeline to compare and contrast various tests for the conduct element in attempt; and (3) video clip recommendations from a wide range of movies and TV shows such as The Wire and Breaking Bad.