Proportionality in Crime Control and Criminal Justice

Proportionality in Crime Control and Criminal Justice PDF

Author: Emmanouil Billis

Publisher: Bloomsbury Publishing

Published: 2021-04-22

Total Pages: 496

ISBN-13: 1509938621

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This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.

Criminal Justice: A Very Short Introduction

Criminal Justice: A Very Short Introduction PDF

Author: Julian V. Roberts

Publisher: OUP Oxford

Published: 2015-08-27

Total Pages: 144

ISBN-13: 0191025879

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The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Honest Politician's Guide to Crime Control

The Honest Politician's Guide to Crime Control PDF

Author: Norval Morris

Publisher: University of Chicago Press

Published: 1970

Total Pages: 292

ISBN-13: 9780226539027

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Norval Morris and Gordon Hawkins's first premise is that our criminal justice system is a moral busybody, unwisely extended beyond its proper role of protecting persons and property. But they go further and systematically cover the amount, costs, causes, and victims of crime: the reduction of violence; the police; corrections; juvenile delinquency; the function of psychiatry in crime control; organized crime; and the uses of criminological research. On each topic precise recommendations are made and carefully defended.

The Culture of Control

The Culture of Control PDF

Author: David Garland

Publisher: University of Chicago Press

Published: 2012-07-16

Total Pages: 325

ISBN-13: 022619017X

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The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s. Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.

Prevention and the Limits of the Criminal Law

Prevention and the Limits of the Criminal Law PDF

Author: Andrew Ashworth

Publisher: OUP Oxford

Published: 2013-01-31

Total Pages: 320

ISBN-13: 0191630756

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Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

Legitimacy and Compliance in Criminal Justice

Legitimacy and Compliance in Criminal Justice PDF

Author: Adam Crawford

Publisher: Routledge

Published: 2013

Total Pages: 231

ISBN-13: 0415671558

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This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.

Justice as Sanctuary

Justice as Sanctuary PDF

Author: Herman Bianchi

Publisher: Wipf and Stock Publishers

Published: 2010-10-01

Total Pages: 221

ISBN-13: 1608996905

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While many in the criminal justice system would agree that the present punitive system of crime control is ineffective, unjust, and malevolent, there is little enthusiasm for talk about reforming the system or for a reexamination of its fundamental premises. In Justice as Sanctuary, noted Dutch criminologist Herman Bianchi details a new approach to crime control, one that promises to reanimate debate and initiate real change. He explores the cultural and religious roots of the current punitive system in search of new perspectives that can help create a more just and effective one. In the ancient Hebrew notion of tsedeka ("justice" or "righteousness"), Bianchi finds the inspiration for a new model of crime control based on conflict resolution rather than punishment. Because so many feel alienated from the criminal justice system, he argues for new procedures that will enable people to experience law as supportive of their lives and their social interactions. To complement the current punitive system, Bianchi proposes a system that provides victims and offenders a chance to resolve their conflicts and offers them the opportunity to reach non-punitive systems. By incorporating the concept of liability, Bianchi's model returns to offenders the responsibility for their acts while providing an active legal role for the victims of crime. It adapts structures and models from civil and labor law for conflict resolution of nonviolent crimes, and in the case of violent crimes, and in the case of violent crimes, proposes the creation of special "sanctuaries" that would protect the public while making it possible to effect true justice. Startling in its implications, Bianchi's system is not a utopian dream, but a carefully considered set of proposals that could be acted upon today.

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