The Cambridge Companion to International Criminal Law by
This comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organised around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.
Criminal Law by
Understand criminal law! Learn your rights and how to protect yourself. Whether you face a criminal case, work in law enforcement, or simply want to know more about the criminal law system, this book can help. Criminal Law: A Desk Reference covers the basic to the complex in alphabetical order. Whether it's “alibi” or “writ of habeas corpus,” the book makes it easy to find and understand what you're looking for. It even provides links to articles about the law in your state. With this book you'll be able to: learn the law with real-life examples understand procedures from arraignment through sentencing determine defenses to common crimes examine actual criminal statutes understand juvenile court know how appeals work, and learn how to work with a lawyer. This edition has been thoroughly updated to reflect the latest criminal law trends and Supreme Court rulings.
The Handbook of Comparative Criminal Law by
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay--including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect--before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems--common, civil, Asian, and Islamic law traditions--with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Legal Ease by
Legal Ease is a versatile book that addresses how laws evolve and change as if they were living, breathing entities that are a mirror reflecting societal change. This new third edition offers the reader an expansive and practical guide to the many aspects of law. Presented in three sections, the book explains the practice of law through all phases of the criminal justice system. Part One, Criminal Law Explained, offers a history of law, defines criminal conduct, and explains the tools attorneys use in their practice. Section Two, Criminal Procedure and Evidence, details the steps required to institute constitutional search, seizure, and arrest. It also provides a comprehensive description of the duties and responsibilities of prosecutors, defense attorneys, law enforcement, and court personnel. Section Three, A Walk Through the Criminal Justice System, takes the reader step-by-step through the process of a trial, from jury selection to verdict and sentencing, and finally to the appeal process. Defendants'rights are discussed as they navigate through the criminal justice system. The ideas and principles behind the country's constitutional amendments are explained, with many case examples offered to illustrate. Additional topics new to this edition address privacy rights, picketing at funerals, free speech/cruelty to animals, youthful offenders and sentencing, strip search of students, sexting, deportation and minor drug cases, DNA testing, warrantless search, medicare scams, and workforce retaliation, among others. The inclusion of “Key Words” and “Questions for Review and Discussion” sections at the end of each chapter will prove invaluable to instructors and students. This comprehensive volume continues to give groups who are new to the scene, as well as those who aren't, an easy-to-read book of reference for all those nuances the law continues to press onto the legal system.
The Oxford Handbook of Philosophy of Criminal Law by
This is a comprehensive handbook in the philosophy of criminal law. It contains seventeen essays by thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. The handbook is a resource for scholars and students whose research and studies concern philosophical issues in criminal law and criminal law theory
Routledge Handbook of International Criminal Law by
International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework - Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes - Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals - Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law - Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.
Act and Crime by
This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before he can be convicted of crime; second, that that voluntary act have the properties marking it as one of the kinds of acts prohibited by statute, what lawyers call the ‘actus reus’ of crimes; and third, the double jeopardy requirement that no one should be prosecuted or punished more than once for doing but one act instantiating but one offence. These three requirements are seen as part of the ‘general part’ of the criminal law, the part that applies to all crimes and that gives the criminal law a unified structure. As such they aid both the efficient drafting of a criminal code by the legislature and the application/interpretation of criminal codes by courts. The theory of action defended in the book – and from which illumination of the criminal law is sought – in a version of the family of theories known as causal theories of action. The thesis is that actions are those bodily movements caused by volitions when those volitions have those movements as their object, and nothing else. The criminal law's voluntary act requirement is then seen as the requirement that there be such an act. Omissions, states a person is in, thoughts, and involuntary bodily movements such as reflex reactions, are not acts by such a causal theory. The criminal law's actus reus requirement is seen as the requirement that a voluntary act must possess those causal or other properties definitive of the types of action prohibited by a criminal code. And the criminal law's double jeopardy requirements is seen as a conjunctive requirement: first, that no one be punished for the same kind of action, where the identity of act-types is governed by the kinds of acts morality makes wrong; unless the actor did that act more than once, where the identity of act-tokens is governed by the theory of action defended throughout the book. The philosophy of action illuminates the criminal law in these three ways because of certain moral theses, which the book also defends; that criminal liability both does and should track moral responsibility; that moral responsibility exists principally for what we do rather than for who we are, what we think, or what we fail to prevent; that actions causing harms are more blameworthy than actions that only risk or attempt such harms; and that punishment should be in proposition to the number and degree of wrong(s) done.
Congress and Crime by
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes.Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state.This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Criminal Justice by
This book examines various issues being contemplated by the criminal justice system, existing laws, and sentencing guidelines for criminal activity. Topics discussed include federal crime control issues in the 111th Congress; D.C. gun laws and proposed amendments; post-incarceration controls of convicted sex offenders; supervised release; criminal liability under wildlife laws for the 2010 oil spill; federal cocaine sentencing disparity and federal mandatory minimum sentences.
Criminal Law by
"The most up-to-date book on the market, Criminal Law: The Essentials, Third Edition, provides a brief yet comprehensive introduction to this fascinating and ever-evolving field in a slim, flexible, and affordable format. New to this Edition: The most recent cases and developments in criminal law, illustrated with current events. New and updated focus boxes featuring real-world examples. Expanded discussions of terrorism, campus crimes, capital punishment, and drug-related crimes. Edited cases with additional information and questions, on the free, open-access Companion Website."-- Provided by publisher.
Criminal Law by
This is a comprehensive, insightful, lucid, intense and unrivalled text on the general part of the criminal law in Cameroon. Beginning with an account of the historical development of the criminal law generally, the author proceeds to analyse and discuss in detail the principles governing application of the criminal law, criminal responsibility, participation in crime, penalties, and sentencing. These principles are broadly the same in other jurisdictions. The book balances theoretical content with case-law illustrations to enhance readability, comprehension and assimilation. It is an invaluable source and essential reading for law students and teachers, and lawyers in private practice and government service.
Criminal Law 2012 and 2013 by
If you're feeling overwhelmed by a sea of revision, let OUP's Questions and Answers series keep you afloat! Written by experienced examiners, the Q&As offer advice on what to expect in exams and how best to prepare, so you can approach your exams with confidence. Q&As will help you succeed by: · identifying typical law exam questions · demonstrating how to structure a good answer · teaching you how best to convey what the examiner is looking for · giving you model answers for up to 50 essay and problem-based questions
Philosophical Foundations of Criminal Law by
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.
The Rehnquist Court and Criminal Justice by
"This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice, William H. Rehnquist, ascended to the key leadership position of Chief Justice and he was joined on the Court by two new appointees, Antonin Scalia and Clarence Thomas, who were equally supportive of both greater authority for police and limited definitions of constitutional rights for suspects, defendants, and criminal offenders. The Rehnquist Court era decisions refined and narrowed many of the rights-expanding decisions of the Warren Court era (1953-1969). However, the Supreme Court did not ultimately eliminate the Warren era's foundational rights concepts in criminal justice, such as the exclusionary rule and Miranda warnings. As the leading liberal voices of the Warren era, William Brennan and Thurgood Marshall, retired early in the Rehnquist era, the Court experienced continued advocacy of broad conceptions for many rights through the increased assertiveness of Republican appointees Harry Blackmun, John Paul Stevens, and David Souter as well as the arrival of new Democratic appointees Ruth Bader Ginsburg and Stephen Breyer. In many important cases, the justices advocating the preservation of constitutional protections could prevail, even on a generally conservative Court, by persuading one or more of President Ronald Reagan's appointees to support a particular right for suspects and defendants. Sandra Day O'Connor and Anthony Kennedy, in particular, shaped outcomes within a divided Court as they determined which of the Court's wings with which they would align in a particular case. The contributors to this volume identify and highlight the unique perspectives and influential decisions of individual justices as the means for understanding the Rehnquist Court's imprint on criminal justice"--Provided by publisher.
Tried and Convicted by
When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today's hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. This book explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the Constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, the author povides a wake-up call for all of us. -- From publisher's website.
Criminal Procedure by
In a criminal procedure class, students are asked to determine whether a citizen's constitutional rights were violated, and this question is consistently posed under a myriad of factual circumstances. In order to answer the query, students would need to examine and discuss the United States Supreme Court's interpretations of the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, identifying many tests and standards from those examinations and spirited discussions. Criminal Procedure: Model Problems and Outstanding Answers documents a few of the United States Supreme Court's tests and standards from these amendments to provide a more accurate assessment of whether a "right" under the Constitution has retained its full vitality, or whether it has been modified or made less vital than originally intended.Oxford University Press equips students with an accessible guide to acing challenging criminal procedure law exams. In Criminal Procedure: Model Problems and Outstanding Answers, Carlton Bailey helps students demonstrate their knowledge of criminal procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions on the fundamental topics in criminal procedure, provides hypotheticals similar to those that students can expect to see on an exam (including multi-issue questions), and offers model answers to those hypotheticals. Professor Bailey then coaches students in how to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express sophisticated answers on law school exams.
Criminal Procedure by
BarCharts, Inc was founded on our law guides created by the owner. They were designed to understand the significant details within the larger scheme of the law, as a daily refresher, and to review before the Bar Exam. Twenty five years later we keep those guides up to date for students of law and criminal justice, paralegals, and practicing lawyers to have the most handy legal reference to the most important points of the law possible in 6 laminated pages.Suggested uses:o Used by criminal justice majors and professionalso Law students and legal professionals at any levelo To understand proportion and relevance within Criminal Procedureo Quick and constant refreshers before classes and examso As the last review before taking the Bar Exam.
Criminal Procedure and the Supreme Court by
In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.
The Political Heart of Criminal Procedure by
The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.
Drug Interventions in Criminal Justice by
During the past decade, the government has increasing sought to reduce levels of crime and anti-social behaviour through tackling problem drug use among offenders. Despite debates about the precise nature of the relationship between drug use and offending, a multiplicity of interventions have been introduced in an attempt to break the apparent link between problem drug use and crime, particularly acquisitive crime. These interventions have proliferated over time but have now been combined under the umbrella of the Drug Interventions Programme which aims to channel and, many would argue, coerce drug-using offenders into treatment. This edited collection brings together contributions from academics who were actively involved in researching and evaluating the new initiatives. Each chapter covers a particular stage of the criminal justice process, providing a critical discussion of the relevant theory, policy and research relating to provision of drug treatment through the criminal justice process, as well as presenting a thorough review and analysis of the operation, impact and effectiveness of different interventions. These chapters are complemented by an introduction and conclusion which contextualise and reflect upon the debates central to this key policy area. A number of cross-cutting themes are explored including diversity issues; the effectiveness and ethics of coerced treatment; issues raised by partnership and multi-agency working between criminal justice and drug agencies; the range and appropriateness of available drug treatment; and the strength of the link between drug use and crime.The book is essential reading for criminology/criminal justice and social policy students; for students studying health related degrees; for researchers in criminal justice and the drugs field; criminal justice, drug treatment and health professionals; the media and members of the public who are interested in drug use and crime.
Not Guilty by
As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.
Addicted to Rehab by
"After decades of the American "war on drugs" and relentless prison expansion, political officials are finally challenging mass incarceration. Many point to an apparently promising solution to reduce the prison population: addiction treatment. In Addicted to Rehab, Bard College sociologist Allison McKim gives an in-depth and innovative ethnographic account of two such rehab programs for women, one located in the criminal justice system and one located in the private healthcare system--two very different ways of defining and treating addiction. McKim's book shows how addiction rehab reflects the race, class, and gender politics of the punitive turn. As a result, addiction has become a racialized category that has reorganized the link between punishment and welfare provision. While reformers hope that treatment will offer an alternative to punishment and help women, McKim argues that the framework of addiction further stigmatizes criminalized women and undermines our capacity to challenge gendered subordination. Her study ultimately reveals a two-tiered system, bifurcated by race and class."--Publisher's website.
Tainted Witness by
in 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become. Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice. -- Inside jacket flap.
