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Author: Richard H. McAdams Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The entrapment defense is the primary legal regulation of undercover operations. Though courts and commentators say that the state should not punish an undercover defendant who does not offend outside such operations, no existing theory fully justifies this principle or the defense (without calling into question basic commitments of American criminal law): (1) Under retributive theory, the entrapped are blameworthy, given that a defendant who succumbs to the same temptation from a private party is blameworthy. (2) Fairness theories fail to justify the defense, given that existing law refuses to recognize unfairness in particular distributions of criminal temptations or in selective law enforcement. (3) Existing institutional theories fail to explain the precise political danger of entrusting officials with the power of undercover operations, given that targets can refuse criminal opportunities. (4) Among other problems, existing economic theories rest on a untenable dichotomy between "true" offenders who commit crimes outside of undercover operations and "false" offenders who don't. The paper reconstructs the latter two theories, overcoming existing weaknesses to fully justify the defense. The institutional theory rests on the high degree of fortuity to an individual's legal compliance, the state manipulation of which creates a serious risk of political abuse. The economic theory arises from the need to correct a principal-agent problem that motivates police to favor unproductive tactics yielding high numbers of low value arrests (even if the resulting offenders are not false). These theories reveal that the normative consensus is misguided; the defense should not be conceived as a way of protecting individual defendants who do not offend outside undercover operations. The two rationales point to the desirability of tailoring a specific entrapment defense to each crime, but the paper also describes the best unitary defense.
Author: Richard H. McAdams Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The entrapment defense is the primary legal regulation of undercover operations. Though courts and commentators say that the state should not punish an undercover defendant who does not offend outside such operations, no existing theory fully justifies this principle or the defense (without calling into question basic commitments of American criminal law): (1) Under retributive theory, the entrapped are blameworthy, given that a defendant who succumbs to the same temptation from a private party is blameworthy. (2) Fairness theories fail to justify the defense, given that existing law refuses to recognize unfairness in particular distributions of criminal temptations or in selective law enforcement. (3) Existing institutional theories fail to explain the precise political danger of entrusting officials with the power of undercover operations, given that targets can refuse criminal opportunities. (4) Among other problems, existing economic theories rest on a untenable dichotomy between "true" offenders who commit crimes outside of undercover operations and "false" offenders who don't. The paper reconstructs the latter two theories, overcoming existing weaknesses to fully justify the defense. The institutional theory rests on the high degree of fortuity to an individual's legal compliance, the state manipulation of which creates a serious risk of political abuse. The economic theory arises from the need to correct a principal-agent problem that motivates police to favor unproductive tactics yielding high numbers of low value arrests (even if the resulting offenders are not false). These theories reveal that the normative consensus is misguided; the defense should not be conceived as a way of protecting individual defendants who do not offend outside undercover operations. The two rationales point to the desirability of tailoring a specific entrapment defense to each crime, but the paper also describes the best unitary defense.
Author: Samuel Ojo Oloruntoba Publisher: Springer Nature ISBN: 3030389227 Category : Political Science Languages : en Pages : 1099
Book Description
This handbook constitutes a specialist single compendium that analyses African political economy in its theoretical, historical and policy dimensions. It emphasizes the uniqueness of African political economy within a global capitalist system that is ever changing and complex. Chapters in the book discuss how domestic and international political economic forces have shaped and continue to shape development outcomes on the continent. Contributors also provoke new thinking on theories and policies to better position the continent’s economy to be a critical global force. The uniqueness of the handbook lies in linking theory and praxis with the past, future, and various dimensions of the political economy of Africa.
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.
Author: Michael Nesbitt Publisher: Manitoba Law Journal ISBN: Category : Political Science Languages : en Pages : 509
Book Description
The Manitoba Law Journal (MLJ) is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high calibre commentary on legal events in Manitoba or events of special interest to our community.The MLJ aims to bring diverse and multidisciplinary perspectives to the issues it studies, drawing on authors from Manitoba, Canada and beyond. Its studies are intended to contribute to understanding and reform not only in our community, but around the world. As part of our commitment to you, our team is pleased to announce the release of Canada’s premier publication on “Project Osage,” an inter-agency security operation that executed the largest terrorism-related sting in Canadian history. Canadian Terror: Multi-Disciplinary Perspectives on the Toronto 18 Terrorism Trials engages a multidisciplinary perspective that unites criminological, legal, and security analyses to consider the processes, as well as the shortcomings, involved in investigating and prosecuting terrorism in Canada. We are honoured that Canadian Terror is edited and co-authored by prominent Canadian academics
Author: Jonathan Kirshner Publisher: Princeton University Press ISBN: 0691222223 Category : Political Science Languages : en Pages : 304
Book Description
Jonathan Kirshner here examines how states can and have used international currency relationships and arrangements as instruments of coercive power for the advancement of state security. Kirshner lays the groundwork for the study of what he calls monetary power by providing a taxonomy of the forms that such power can take and of the conditions under which it can have effect. He then establishes the actual existence of monetary power by showing how the taxonomy is supported by the historical record, including cases from nations from all over the globe and throughout the twentieth century. He uncovers how monetary power is affected by different monetary regimes, the sources of its success and failure, and the factors that lead states to turn to its use. Kirshner thus succeeds in developing a generalized framework for the analysis of an important yet neglected form of state power that is likely to be of increasing importance in the post-Cold War era. Although some distinguished scholars have touched on the issue of monetary power, there has been until now no standard text on the subject. Integrating security studies and international political economy, this book is a timely synthesis that will be important to the entire discipline of international relations.
Author: Paul H. Robinson Publisher: Oxford University Press, USA ISBN: 0199861277 Category : Law Languages : en Pages : 761
Book Description
Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law. * Jeffrie G. Murphy's, essay "Remorse, Apology & Mercy," was declared Recommended Reading in the Green Bag Almanac and Reader, 2010.
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: Mark D. White Publisher: Oxford University Press, USA ISBN: 0199752230 Category : Law Languages : en Pages : 270
Book Description
The 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 deterrence, rehabilitation, or vengeance.
Author: Ruth Wilson Gilmore Publisher: Univ of California Press ISBN: 0520938038 Category : Social Science Languages : en Pages : 413
Book Description
Since 1980, the number of people in U.S. prisons has increased more than 450%. Despite a crime rate that has been falling steadily for decades, California has led the way in this explosion, with what a state analyst called "the biggest prison building project in the history of the world." Golden Gulag provides the first detailed explanation for that buildup by looking at how political and economic forces, ranging from global to local, conjoined to produce the prison boom. In an informed and impassioned account, Ruth Wilson Gilmore examines this issue through statewide, rural, and urban perspectives to explain how the expansion developed from surpluses of finance capital, labor, land, and state capacity. Detailing crises that hit California’s economy with particular ferocity, she argues that defeats of radical struggles, weakening of labor, and shifting patterns of capital investment have been key conditions for prison growth. The results—a vast and expensive prison system, a huge number of incarcerated young people of color, and the increase in punitive justice such as the "three strikes" law—pose profound and troubling questions for the future of California, the United States, and the world. Golden Gulag provides a rich context for this complex dilemma, and at the same time challenges many cherished assumptions about who benefits and who suffers from the state’s commitment to prison expansion.
Author: Janusz Bugajski Publisher: CSIS ISBN: 0892066067 Category : Political Science Languages : en Pages : 126
Book Description
Russia's invasion, occupation, and partition of Georgia in August 2008 initially sent shock waves throughout Europe and NATO and appeared to signal a new confrontational phase in Moscow s relations with the West. This volume places the conflict in the context of Russia's broader objectives, its internal weaknesses, the limitations of EU and NATO policies, and America s security priorities. First, the Georgian conflict underscored Moscow's determination to reclaim an extensive zone of dominance corresponding with the former Soviet territories. Second, it displayed a shrewd calculation by the Kremlin about the fractured and ineffective Western response, and Moscow continues to test the Obama administration's rapprochement in pursuing its expansionist ambitions. Third, the 2008 conflict had a lasting impact on the Central-East European and post-Soviet states most exposed to pressures from Moscow. While the former demanded more tangible security guarantees from NATO, the latter either sought accommodation with Russia or intensified their protective strategies. Additionally, beneath the veneer of success, the conduct of the war, the economic recession, escalating separatist sentiments, and faltering attempts by Moscow to make the country more globally competitive revealed Russia's long-term weaknesses in the midst of its attempted neo-imperial restoration. The study concludes with succinct recommendations on how the transatlantic alliance can more effectively handle Russian ambitions and prepare itself to deter or manage future crises
Author: Richard H. McAdams
Author: Richard H. McAdams
Author: Samuel Ojo Oloruntoba
Author: Luke William Hunt
Author: Michael Nesbitt
Author: Jonathan Kirshner
Author: Paul H. Robinson
Author: Brendon Murphy
Author: Mark D. White
Author: Ruth Wilson Gilmore
Author: Janusz Bugajski