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An Introduction To Comparative Legal Models Of Criminal Justice

Author: Cliff Roberson
Publisher: CRC Press
ISBN: 1420065939
Size: 37.18 MB
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While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals. Examines Various Approaches The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department. By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.

Comparative Criminal Justice Systems

Author: Harry R. Dammer
Publisher: Cengage Learning
ISBN: 128506786X
Size: 23.91 MB
Format: PDF
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Offering a comprehensive analysis, bestselling COMPARATIVE CRIMINAL JUSTICE SYSTEMS, 5e compares the various criminal justice systems throughout the world using six model countries: China, England, France, Germany, Japan, and Saudi Arabia. The book illustrates the different types of law and justice systems while exploring the historical, political, economic, social, and cultural influences on each system. It examines important aspects of each type of justice system--common law, civil law, socialist law, and sacred (Islamic) law--to highlight the similarities and differences of each. Completely up to date, it provides expanded coverage of such high-profile topics as human trafficking, Internet pornography, identity theft, transnational policing, terrorism and more. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Limits Of Criminal Law

Author: Carl Constantin Lauterwein
Publisher: Routledge
ISBN: 1317025369
Size: 46.88 MB
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This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.

French Criminal Justice

Author: Jacqueline Hodgson
Publisher: Bloomsbury Publishing
ISBN: 1847310699
Size: 80.70 MB
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Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.

Ethics For Criminal Justice Professionals

Author: Cliff Roberson
Publisher: CRC Press
ISBN: 1420086723
Size: 73.51 MB
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Increasing concerns about the accountability of criminal justice professionals at all levels has placed a heightened focus on the behavior of those who work in the system. Judges, attorneys, police, and prison employees are all under increased scrutiny from the public and the media. Ethics for Criminal Justice Professionals examines the myriad of ethical issues that confront law enforcement, judicial system, and correctional personnel. Easy to read, practical, and filled with real-life scenarios, this comprehensive volume sheds light on an often complicated and controversial topic. The book begins by defining the subject matter, explaining what ethics is, and what it is not. It explores the concept of false moral identity, examines difficult decisions that arise from attorney-client privilege, and discusses problematic issues such as officer gratuities. Next, the book provides a historical review of the concept of ethical reasoning, examining different religious and cultural influences and exploring ethics from various schools of philosophy. Ethics and police officers The authors discuss management and corruption, the causes and effects of abuse of authority, police perjury, and the practice of lying to obtain a confession. They explore the role of prejudice and discrimination in unethical behavior and review legislation designed to curb such practices. Ethics in the courtroom Shifting to issues that arise in the courtroom, the book addresses prosecutorial and judicial misconduct, discovery violations, the presentation of inadmissible evidence, discretion to prosecute, and defense counsel ethics. Ethics in the prison system Finally, the book explores issues that arise with respect to correction. The authors examine the four purposes of punishment: retribution, deterrence, incapacitation, and rehabilitation, as well as the death penalty and methods of execution. Each chapter ends with a set of review questions to test comprehension and a series of exercises further clarifies the material. Interspersed with the content are real-life vignettes that help to ground the theoretical concepts in practice and actual court cases that illustrate the principles. Ample references are provided to inspire further study of issues for which often there are no easy answers.

Criminal Justice Research Methods

Author: Gerald J. Bayens
Publisher: CRC Press
ISBN: 1439894884
Size: 11.40 MB
Format: PDF, Kindle
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The study of research methodologies can be daunting to many students due to complex terminology, mathematical formulas, and lack of practical examples. Now in its second edition, Criminal Justice Research Methods: Theory and Practice offers a straightforward, easy-to-understand text that clarifies this complex subject matter, keeping perplexing research language and associated complexities to a minimum and ensuring that students get a practical grasp of this essential topic. The authors discuss scientific inquiry, establishing a framework for thinking about and understanding the nature of research. They examine various types of research methods in the broad categories of quantitative, qualitative, and evaluation designs and provide coverage of analytical and experimental research designs. The book also examines survey methods, survey instruments, and questionnaires, including wording, organization, and pretesting. It describes the fundamental characteristics of the qualitative approach, setting the stage for an in-depth discussion of the participant observation and case study methods of research. Other topics include ethical standards of conduct, topic selection, literature review, and guidelines for writing a research report or grand proposal. The second edition features updated examples, reworked exercises, additional discussion points, and new research-in-action sections. Defining a clear approach to the study of research, the book enables student experiencing their initial exposure to this subject to be fundamentally prepared to be proficient researchers in criminal justice and criminology.

Crime Procedure And Evidence In A Comparative And International Context

Author: John Jackson
Publisher: Bloomsbury Publishing
ISBN: 1847314627
Size: 31.92 MB
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This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

The Study Of Violent Crime

Author: Scott Mire
Publisher: CRC Press
ISBN: 1439894310
Size: 74.75 MB
Format: PDF, ePub
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Violence is a complex subject that is rooted in a multitude of disciplines, including not only criminology but also psychology, sociology, biology, and other social science disciplines. It is only through understanding violence as a concept that we can hope to respond to it appropriately and to prevent it. The Study of Violent Crime: Its Correlates and Concerns is a comprehensive text that provides a current analysis of violence and violent crime in the United States. Topics discussed include: The history of violence in Europe and America Whether violent behavior can be predicted Possible correlates of violence, including values, poverty, low education, abuse and neglect, alcohol abuse, and shame Sociological theories surrounding crime causation, including social control, conflict and strain, and anomie Psychological approaches to understanding violence from Freud, Bentham, Skinner, and others Biological theories and the influence of positivism and determinism The role of early exposure to violence on future behavior and programs to counteract these effects Gang activity and hate crimes The history of punishment and its effectiveness Victimology and victimization Organized in logical fashion, each chapter builds on previous ones and makes use of concrete examples to clarify concepts. Action boxes help readers focus on salient points and review questions appear at the end of each chapter, enabling readers to test their assimilation of the material.

Criminal Justice And Taxation

Author: Peter Alldridge
Publisher: Oxford University Press
ISBN: 0191073962
Size: 56.87 MB
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The fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.

Comparative International And Global Justice

Author: Cyndi Banks
Publisher: SAGE Publications
ISBN: 1506337295
Size: 41.53 MB
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Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.