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The Impact of Regulatory Law on American Criminal Justice

The Impact of Regulatory Law on American Criminal Justice PDF Author: Vincent Del Castillo
Publisher:
ISBN: 9781611630640
Category : Criminal justice, Administration of
Languages : en
Pages : 0

Book Description
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.

The Impact of Regulatory Law on American Criminal Justice

The Impact of Regulatory Law on American Criminal Justice PDF Author: Vincent Del Castillo
Publisher:
ISBN: 9781611630640
Category : Criminal justice, Administration of
Languages : en
Pages : 0

Book Description
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.

Regulatory Crime

Regulatory Crime PDF Author: United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013
Publisher:
ISBN:
Category : Criminal act
Languages : en
Pages : 108

Book Description


White Collar Crime

White Collar Crime PDF Author: Otto G. Obermaier
Publisher: Law Journal Press
ISBN: 9781588520494
Category : Law
Languages : en
Pages : 1300

Book Description
This book has gathered a prestigious group of authors to counsel you on: criminal tax cases; securities fraud; RICO; mail and wire fraud; banking crimes; criminal antitrust actions and more.

Criminal liability in regulatory contexts

Criminal liability in regulatory contexts PDF Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118404938
Category : Law
Languages : en
Pages : 258

Book Description
In this consultation paper, the Law Commission sets out the case for reducing the scope for criminal law to be used in regulated fields such as farming, food safety, banking and retail sales. Criminal sanctions should only be used to tackle serious wrongdoing and it is out of proportion for regulators to rely wholly on the criminal law to punish and deter activities that are merely 'risky', unless the risk involved is a serious one. There has been a steep increase in the number of criminal offences created since the late 1980s to penalise risk-taking. The areas regulated cover a wide range of risk-posing activities, and involve millions of people and thousands of businesses. By turning to civil penalties for minor breaches, regulators could reduce costs to themselves and the criminal justice system by £11 million a year. In some cases, criminal prosecution can cost almost twice what the courts obtain in fines. The paper proposes that: (i) regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; (ii) a set of common principles should be established to help agencies consider when and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective. Where criminal offences are created in regulatory contexts, they should require proof of fault elements such as intention, knowledge, or a failure to take steps to avoid harm being done or serious risks posed.

The Impact of Regulatory Criminal Law on American Criminal Justice

The Impact of Regulatory Criminal Law on American Criminal Justice PDF Author: Vincent Del Castillo
Publisher: Carolina Academic Press LLC
ISBN: 9781531013424
Category : Administrative law
Languages : en
Pages : 0

Book Description
The second editon of The Impact of Regulatory Criminal Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory criminal law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are regulatory criminal laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory criminal laws, particularly those dealing with drugs, prostitution, and firearms and the evolution of their enforcement over time. The effect of regulatory criminal law enforcement on each part of the criminal justice system, the police, courts and corrections, is examined in the second section of the book. The final section provides insight into societal outcomes associated with the enforcement of regulatory criminal laws. The book reveals a number of unanticipated consequences resulting from regulatory criminal laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process all violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process, thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Nevertheless, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory criminal law include police corruption, overcrowded prisons, and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates, and the perpetuation of a social underclass.

Punishing Corporate Crime

Punishing Corporate Crime PDF Author: James T. O'Reilly
Publisher: Oxford University Press
ISBN: 0195386795
Category : Law
Languages : en
Pages : 297

Book Description
Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.

Crime and Regulation

Crime and Regulation PDF Author: Fiona Haines
Publisher: Routledge
ISBN: 1351126059
Category : Law
Languages : en
Pages : 554

Book Description
This volume brings together key articles in the burgeoning field of regulation. The collection is interdisciplinary, in keeping with study of regulation itself, yet the book arranges and explores these articles to make the bewildering array of issues and concepts that comprise the study of regulation comprehensible to a criminological audience. It will be of interest to all scholars and students of criminology and criminal justice, as well as those concerned with reducing the crimes and harms of the powerful.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law PDF Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294

Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Regulatory Crime

Regulatory Crime PDF Author: United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013
Publisher:
ISBN:
Category : Criminal intent
Languages : en
Pages : 88

Book Description


Regulation and Criminal Justice

Regulation and Criminal Justice PDF Author: Hannah Quirk
Publisher: Cambridge University Press
ISBN: 113949399X
Category : Law
Languages : en
Pages : 343

Book Description
While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.