Transformations in Criminal Jurisdiction PDF Download

Author: Micheál Ó Floinn
Publisher: Bloomsbury Publishing
ISBN: 1509954236
Category : Law
Languages : en
Pages : 395

View

Book Description
Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.

Author: Micheál Ó Floinn
Publisher: Bloomsbury Publishing
ISBN: 1509954228
Category : Law
Languages : en
Pages : 395

View

Book Description
"Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or universal jurisdiction, or whether the situation requires completely new kinds of approaches to criminal jurisdiction and transnational crime. The book illuminates the way in which questions of jurisdiction are becoming increasingly important to the investigation, prosecution, and punishment of crime, as with the growth of technology and the internet many crimes no longer take place within neat national boundaries. Increasingly, criminal lawyers grapple with complex answers to seemingly simple questions: - Where was the crime actually committed? - Which body has authority to investigate? - Which court has jurisdiction to hear the case and impose a sentence? Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media. Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges"--

Author: Allen Steinberg
Publisher: Univ of North Carolina Press
ISBN: 0807864757
Category : Law
Languages : en
Pages : 337

View

Book Description
Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system -- dominated by the police and public prosecutor -- that replaced it. He offers a major reinterpretation of criminal justice in nineteenth-century America by examining this transformation from private to state prosecution and analyzing the discontinuity between the two systems. Steinberg first establishes why the courts were the sources of law enforcement, authority, and criminal justice before the advent of the police. He shows how the city's system of private prosecution worked, adapted to massive social change, and came to dominate the culture of criminal justice even during the first decades following the introduction of the police. He then considers the dilemmas that prompted reform, beginning with the establishment of a professional police force and culminating in the restructuring of primary justice. Making extensive use of court dockets, state and municipal government publications, public speeches, personal memoirs, newspapers, and other contemporary records, Steinberg explains the intimate connections between private prosecution, the everyday lives of ordinary people, and the conduct of urban politics. He ties the history of Philadelphia's criminal courts closely to related developments in the city's social and political evolution, making a contribution not only to the study of criminal justice but also to the larger literature on urban, social, and legal history. Originally published in 1989. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author: Rosann Greenspan
Publisher: Quid Pro Books
ISBN: 1610272234
Category : Law
Languages : en
Pages : 274

View

Book Description
A classic study in law and society is now readily available to scholars, researchers, and others in the field of criminal justice, due process, policing, and administrative procedure. It adds a new Preface by the author and a new Foreword by Berkeley law professor Malcolm M. Feeley. As the author reflects: "I think it was my first day in the field that the police liaison to the district attorney's probation revocation program exclaimed, 'Forget rights! Forget right to jury! Forget right to bail! There are no rights!' As Malcolm Feeley says in his Foreword, what I 'discovered' over the course of researching and writing this study was in plain view from the beginning. The criminal process has largely been subsumed as an administrative process and the procedural rights enshrined in the Bill of Rights have long since faded away. What I hope my work explains is how this happened doctrinally -- how the expansion of criminal due process was halted and redirected by the very administrative due process revolution it gave birth to. And how it happened in practice -- how police, prosecutors, and corrections came to realize that they had the tools to bypass the criminal process in enforcing the criminal sanction." In his new Foreword, Feeley describes the book as "a brilliant analysis of the criminal process" and explains why its relevance and theoretical power have increased over time. In a nation where legal rights and process became enhanced in criminal courts and formal processes of adjudication, Greenspan showed the bypassing of much of this framework by the substitution of parole revocation, probation, and the like -- by what Feeley summarizes as "the triumph of the administrative model. Her thesis shows how this occurred. The backlash to the Warren Court’s criminal due process revolutions was not a wholesale abandonment of rights, but an embrace of a lower standard of due process, administrative due process." Some of these changes are well known, of course, but "Greenspan's study is brilliant precisely because it problematizes these developments. It identifies the central issue, how thinking about the criminal process has been so fundamentally yet unwittingly transformed." This book is a powerful look at these reforms and transformations, presented in the 'Classic Dissertation Series' by Quid Pro Books. Quality ebook formatting includes properly presented tables, active contents, and linked notes. A new paperback edition of this book is also available.

Author: New York (State). Commission to Inquire into Courts of Inferior Criminal Jurisdiction in Cities of the First Class
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 1004

View

Book Description

Author: Vincenzo Militello
Publisher: Springer Nature
ISBN: 3031453999
Category : Law
Languages : en
Pages : 292

View

Book Description
The book deals with illicit trafficking in the Mediterranean, seen as a borderline issue between mobility and security under a strongly interdisciplinary approach. The opening part is dedicated to issues that transversally concern illegal trafficking: criminological, criminal law, criminal procedure, but also international law issues. This part presents a kind of general theory of illegal trafficking, showing its recurring aspects and identifying the legal and criminal-political issues that would be best addressed by a unified approach to the matter. The other parts are devoted to presenting, instead, a special part overview of illegal trafficking. The second and the third section are devoted, in particular, to illegal traffics having human beings as their objects. More specifically, the second part examines smuggling of migrants, which has a central - criminological and criminal-political - relevance among the illegal traffics taking place in the Mediterranean. The third part deals with the neighbouring theme of human trafficking, especially in its connection with the problem of labour exploitation. Finally, the fourth part focuses on some trafficking in goods, offering a selected and representative overview of some of the most significant forms that such trafficking can take: tobacco trafficking, drug trafficking and trafficking in cultural goods.

Author: Raoul Berger
Publisher: Studies in Jurisprudence and L
ISBN: 9780865971448
Category : Law
Languages : en
Pages : 0

View

Book Description
It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Author: Jenni Ward
Publisher: Taylor & Francis
ISBN: 131753946X
Category : Social Science
Languages : en
Pages : 164

View

Book Description
Sweeping changes are being introduced into the lower-tier magistrates’ courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of ‘lay justice’. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.

Author: Ed Johnston
Publisher: Taylor & Francis
ISBN: 1000619877
Category : Law
Languages : en
Pages : 177

View

Book Description
This collection examines contemporary challenges to the criminal justice system in England and Wales. The chapters, written by established academics, rising stars and practising lawyers, seek not only to highlight these challenges but to offer solutions. The book examines issues with legal assistance in the police station, concerns relating to juror decision making and problems in and presented by both virtual hearings and the advent of the Single Justice Procedure Notice. The work also examines challenges surrounding vulnerability in the criminal justice system. Here, diversity includes vulnerability in the criminal trial, neurodivergence as well as issues with diversity and marginalisation in the criminal justice system as a whole. The book also discusses matters centred around sexual offending – including the attrition rate in rape cases as well as the recent development of ‘vigilante’ paedophile hunters and their acceptance as a viable limb of the criminal justice system. Finally, the volume looks at the post-conviction stage and examines recent prison policy through the lens of the human rights of the prisoner. The closing chapter examines the independence of the Criminal Cases Review Commission and highlights how recent changes have undermined this. While focused on England and Wales, the topics discussed are of wider international significance and will be of interest to students, academics and policy-makers.

Author: Hans W Micklitz
Publisher: Bloomsbury Publishing
ISBN: 1849468931
Category : Law
Languages : en
Pages : 336

View

Book Description
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.