The Criminalization of States

The Criminalization of States PDF

Author: Jonathan D. Rosen

Publisher: Rowman & Littlefield

Published: 2019-05-23

Total Pages: 391

ISBN-13: 1498593011

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This volume examines the relationship between states and organized crime. It seeks to add to the theoretical literature for analyzing the criminalization of the state. The volume also explores the nature of organized crime in countries throughout the Americas from Central America to the Southern Cone.

Congress and Crime

Congress and Crime PDF

Author: Joseph F. Zimmerman

Publisher: Lexington Books

Published: 2014-08-06

Total Pages: 177

ISBN-13: 0739198076

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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.

The Criminalization of the State in Africa

The Criminalization of the State in Africa PDF

Author: Jean-Fran= Bayart (LPcois)

Publisher: James Currey

Published: 1999

Total Pages: 152

ISBN-13:

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This text examines the growth of fraud and smuggling in African states, the plundering of natural resources, the privatization of state institutions, the development of an economy of plunder and the growth of private armies. It suggests that the state itself is becoming a vehicle for organized criminal activity.

Criminal-States and Criminal-Soldiers

Criminal-States and Criminal-Soldiers PDF

Author: Robert J. Bunker

Publisher: Routledge

Published: 2014-05-01

Total Pages: 444

ISBN-13: 1317999320

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The United States and her allies have found themselves plunged into ‘a war over [humanity’s] future social and political organization’ with criminal challengers to the nation-state form. These new wars are currently being fought globally with Al Qaeda, in Iraq with shifting coalitions of criminal gangs, insurgents, and Jihadi groups and throughout the Americas with the Maras (the first group of 3rd GEN Gangs to emerge). More new wars are poised to develop and the on-going ones are far from over, with more attacks upon the homelands of the US and her allies expected. This cutting edge book looks initially at the theoretical and legal side of criminal-state and criminal-soldier emergence and growth, before focusing on criminal-states and criminal-soldiers themselves, with particular attention paid to Al Qaeda, Hizballah, Mara Salvatrucha (MS 13), Caliphate and Mahdi concerns, Islamic Fundamentalist Use of Beheadings, Criminalization of Russian State Security, Nuclear Materials Trafficking, and Outlaw Private Security Firms. With the contributions from international experts, this book makes for critical reading for political scientists and criminal justice students and researchers, policy makers, and military and law enforcement practitioners. This book was previously published as a special issue of Global Crime.

Why Criminalize?

Why Criminalize? PDF

Author: Thomas Søbirk Petersen

Publisher: Springer Nature

Published: 2019-11-28

Total Pages: 149

ISBN-13: 3030346900

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The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.

The Criminalization of the State in Africa

The Criminalization of the State in Africa PDF

Author: Jean-Fran= Bayart (LPcois)

Publisher:

Published: 1999

Total Pages: 152

ISBN-13:

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This text charts the growth of fraud and smuggling in African states, the development of an economy of plunder and the growth of private armies. It argues that the state itself is engendering organized criminal activity.

Not a Crime to Be Poor

Not a Crime to Be Poor PDF

Author: Peter Edelman

Publisher: The New Press

Published: 2019-07-02

Total Pages: 223

ISBN-13: 162097553X

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Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."

Policing the National Body

Policing the National Body PDF

Author: Jael Silliman

Publisher: South End Press

Published: 2002

Total Pages: 390

ISBN-13: 9780896086609

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This anthology explores the ways in which women of color are monitored, criminalized and regulated.

Policing the Womb

Policing the Womb PDF

Author: Michele Goodwin

Publisher: Cambridge University Press

Published: 2020-03-12

Total Pages: 339

ISBN-13: 110703017X

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In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Overcriminalization

Overcriminalization PDF

Author: Douglas Husak

Publisher: Oxford University Press

Published: 2008-01-08

Total Pages: 248

ISBN-13: 9780198043997

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The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.