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In R v Jogee the UK Supreme Court did not just abolish parasitic accessory liability, it also redrew the boundaries of murder and manslaughter in situations of multi-handed acts of escalating violence. This book considers what scope remains post-Jogee for charging parties to a crime A with murder for a ...
The Scope of the Enterprise: Liability for `Joint Enterprise' Murder and Manslaughter after Jogee
In R v Jogee the UK Supreme Court did not just abolish parasitic accessory liability, it also redrew the boundaries of murder and manslaughter in situations of multi-handed acts of escalating violence. This book considers what scope remains post-Jogee for charging parties to a crime A with murder for a death (crime B) caused by one of their associates, and when a conviction for manslaughter will be appropriate instead. In Jogee, the UK Supreme Court suggested that convictions in the paradigm cases of spontaneous group violence would be based on manslaughter by unlawful dangerous act. The book will discuss whether manslaughter by recklessness or manslaughter by gross negligence are more appropriate in some scenarios, and how the principles of accessory liability can be combined so as to ground a manslaughter conviction in the first place. One problem the law currently faces is that offence elements that were shaped in the single offender context do not invariably lend themselves to application in multi-defendant contexts, and their use in typical joint enterprise scenarios might not be as straightforward as Jogee suggests. This is where the book's comparative analysis of German criminal law proves useful. German law has never known an inculpatory concept of parasitic accessory liability such as that now abolished by Jogee, but it has always faced problems with escalating group violence. The book explores how English law can learn from the German experience, including from mistakes that were made in Germany along the way. The result is an original and topical monograph that will be of great value to academics and practitioners seeking to understand the changed landscape of UK criminal law post-Jogee.
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Hardback
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Sentencing guidelines impose tough penalties for health and safety and environmental offences: how can you avoid them? The introduction of the sentencing guidelines in February 2016 has seen health and safety prosecutions treble, particularly in relation to corporate manslaughter, with tougher penalties imposed and fines exceeding GBP20 million being handed ...
HSE and Environment Agency Prosecution: The New Climate
Sentencing guidelines impose tough penalties for health and safety and environmental offences: how can you avoid them? The introduction of the sentencing guidelines in February 2016 has seen health and safety prosecutions treble, particularly in relation to corporate manslaughter, with tougher penalties imposed and fines exceeding GBP20 million being handed down. With fines having a detrimental effect on both turnover and reputation, how can companies protect themselves? HSE and Environment Agency Prosecution: The New Climate is an accessible reference work that provides guidance to ensure that companies have the correct, stringent risk management and procedures in place in order to protect themselves against exposure to such fines. Through the use of worked cases studies, checklists and charts the expert advice provided is put into context, whether you are a practitioner needing to advise your client, a company director, an in-house lawyer, or a health and safety professional. Split into four sections, this new title covers: Managing Risk; The Law; Enforcement and Sentencing; Inquests and Claims.
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134.400000 USD

HSE and Environment Agency Prosecution: The New Climate

by Louise Smail, Mike Appleby, Charlotte Waters
Paperback / softback
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Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric ...
Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century
Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric Simmons challenges this conventional wisdom by taking a broader look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. Rather than focusing exclusively on the rise of invasive surveillance technologies, Simmons proposes a fundamentally new method of evaluating government searches - based on quantification, transparency, and efficiency - resulting in a legal regime that can adapt as technology and society change.
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Paperback / softback
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The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, ...
Fundamental Rights and Legal Consequences of Criminal Conviction
The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
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Hardback
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When Paul Singh left India to flee a land filled with corruption, he chose America to make his home, a country he admired for its freedom and justice. Decades after his arrival, his idealistic vision of our nation died while being targeted and framed by the very government he trusted. ...
The Death of the Rule of Law: A Companion Guide to Guilty at Gunpoint
When Paul Singh left India to flee a land filled with corruption, he chose America to make his home, a country he admired for its freedom and justice. Decades after his arrival, his idealistic vision of our nation died while being targeted and framed by the very government he trusted. Assured by the FDA that the most widely used IUD in Europe was approved for use here, he continued using it for two years while the FDA and DOJ tracked his every move to build a case against him for using the device. Singh knew nothing about this until a team of armed agents raided his office and expelled undressed female patients from their exam rooms. The FDA then fabricated documents, destroyed and suppressed evidence, intimidated witnesses, and coerced him into signing a plea deal by threatening to imprison his wife, as well, giving him two hours to sign it...or else. Singh has since learned how widespread corruption in our criminal justice system is, with prosecutors who will lie and incarcerate innocent citizens without due process, to further their careers. Singh provides exhibits with irrefutable evidence to prove his claims and cites various laws and books by top-level insiders to show how laws were broken by corrupt prosecutors whose only objective was to further their careers. Guilty at Gunpoint with this companion Guide, The Death of the Rule of Law should be required reading for every law student and anyone interested in the way justice is administered in the United States. Paul Singh is an American research-scientist, a biochemist, a surgeon-physician and professor of Obstetrics and Gynecology. He is the author of several critically acclaimed investigational works in science, philosophy, politcs and medicine.. His recent books include Discovering Our World, The Great Illusion, The Seduction of Religion, Guilty at Gunpoint, Prison Torture in America, and Prison Papers.
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24.140000 USD

The Death of the Rule of Law: A Companion Guide to Guilty at Gunpoint

by Paul Singh
Paperback / softback
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This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful ...
Simester and Sullivan's Criminal Law: Theory and Doctrine
This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. Review of Previous Edition: `... undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart, Criminal Law Review
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Simester and Sullivan's Criminal Law: Theory and Doctrine

by G. J. Virgo, G. R. Sullivan, F Stark, J R Spencer, A. P. Simester
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In America's criminal justice system, despite the assumption of innocence until one is proved guilty, the accused is often incarcerated in a county facility pending trials that can be delayed for years. This situation is exacerbated by the plea bargaining process, which makes those accused admit to crimes they did ...
A Bootcamp for Criminals: Inside the Criminal Justice System in America
In America's criminal justice system, despite the assumption of innocence until one is proved guilty, the accused is often incarcerated in a county facility pending trials that can be delayed for years. This situation is exacerbated by the plea bargaining process, which makes those accused admit to crimes they did not do in order to obtain a lighter sentence, the defendant's inability to face an accuser in court, and the inestimable cost to loved ones and communities of the incarcerated. Drawing from the most current books on America's prisons and prison reform initiatives, journal articles, magazine excerpts, the latest breaking news politically, and the gut wrenching stories of people experiencing torturous conditions, this book paints a grim picture of a system built on the ethos of power, designed not to rehabilitate or restore an offender to civil society upon release, but to exact punitive measures to break one's mind and body, in order to effect a master-slave dynamic to ensure complete control over a servile inmate population. America continues to love its slaves, and, at the rate incarceration is growing, no one is safe; major corporations now are capitalizing on the cheap labor that inmates provide. The terrifying truth is that the for-profit prison template ratcheted up under President Donald Trump is now a well-oiled machine gearing up to operate full throttle, to incarcerate as many people as possible because mass incarceration equals massive profits.
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104.950000 USD
Hardback
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Criminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a ...
Criminal Litigation 2019-2020
Criminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, and examples, while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Chapters end with key points summaries and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge. Online Resources Criminal Litigation is accompanied by a wide range of online resources, freely accessible to students. This includes: - Case study documentation - Web links -Three additional chapters, covering 'Advising at the Police Station - Practical Steps'; 'White Collar Crime - Regulatory Offences'; and 'Sentencing in Road Traffic Cases' -Answers to self-test question -Video case studies -Criminal Litigation Express Train timeline
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61.41 USD

Criminal Litigation 2019-2020

by Lisa Mountford, Martin Hannibal
Paperback / softback
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The official TV tie-in edition of Defending the Guilty 'Terrific, fascinating, very funny' Daily Mail 'Hilarious' Sun 'Gripping' Literary Review How do we ensure that the guilty are convicted and the innocent walk free? Shortlisted for the Crime Writers Award Gold Dagger for Non-Fiction, true crime meets humour in Defending ...
Defending the Guilty: TV Tie-In
The official TV tie-in edition of Defending the Guilty 'Terrific, fascinating, very funny' Daily Mail 'Hilarious' Sun 'Gripping' Literary Review How do we ensure that the guilty are convicted and the innocent walk free? Shortlisted for the Crime Writers Award Gold Dagger for Non-Fiction, true crime meets humour in Defending the Guilty, a hilariously funny and eye-opening expose of the criminal justice system. Every day, criminal barrister Alex McBride stands up in court and attempts to save people from conviction, prison, even a lifetime behind bars. Sometimes it's a hopeless case. Sometimes he has the chance to right a wrong. But mostly his clients are just plain guilty. In Defending the Guilty, McBride takes us behind the scenes of Britain's criminal justice system. He introduces us to its extraordinary characters and arcane eccentricities, and tells astonishing stories of courtroom triumph and defeat. Whether he's defending hapless teenagers at Harlow Youth Court or prosecuting gold bullion robbers at the Old Bailey, these hair-raising tales reveal that justice rarely operates in quite the way we expect. 'Expert, authoritative, hilarious - an insider's fearless account of life at the criminal bar' Craig Raine, Times Literary Supplement, Books of the Year 'McBride details his own cock-ups and disasters with the relish of the born humorous writer. Very funny' Daily Mail 'Rollicks along with a good eye for detail and a neat turn of phrase' Observer 'Gripping, engaging, compelling. The real life of criminal barristers is expertly caught' Literary Review Alex McBride is a criminal barrister. He is the author of the 'Common Law' column in Prospect magazine, has contributed to the New Statesman and various BBC programmes, including From Our Own Correspondent and is the editor of the Famous Trials Penguin Specials series.
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Paperback / softback
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Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting ...
Punishing Poverty: How Bail and Pretrial Detention Fuel Inequalities in the Criminal Justice System
Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
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Paperback / softback
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Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their golden years behind bars. ...
Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries
Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their golden years behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses. Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants' lived experiences, and building on previous work, Iftene seeks solutions for such reform, hich would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.
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Hardback
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This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people's perceptions of it translates into an understanding of what constitutes criminal behaviors or activities. This book aims to address the gap between criminal law in ...
Criminal Legalities in the Global South: Cultural Dynamics, Political Tensions, and Institutional Practices
This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people's perceptions of it translates into an understanding of what constitutes criminal behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.
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Hardback
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The way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or ...
Finding the Truth with Criminal Investigation: Suspect, Subject, Defendant
The way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority. But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is criminal in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence. Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators - exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.
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Hardback
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The Firearms Law Handbook covers all aspects of the law relating to the use of firearms in Britain. Those who enforce and apply the law will find it of invaluable assistance in their work. The reader who handles and sells guns, both commercially or for sport, will find everything they ...
The Firearms Law Handbook
The Firearms Law Handbook covers all aspects of the law relating to the use of firearms in Britain. Those who enforce and apply the law will find it of invaluable assistance in their work. The reader who handles and sells guns, both commercially or for sport, will find everything they need to know here. Although the subjects covered can be complex, the book is written in an approachable style to be understood by all of those with an interest in the subject. The classification of firearms is covered in detail, as are the many different circumstances in which authority to possess firearms and ammunition can, and should, be granted. This book will be useful for individuals; those who run shooting clubs and clay grounds; collectors; registered firearms dealers, lawyers and those who require the authority of the Secretary of State to possess prohibited weapons. The rules governing shooting by young persons are considered, together with the various exemptions available where a certificate is not required. Since the seventh edition of this work in 2011 there have been significant changes to firearms legislation which are covered in full, including key changes in the Policing and Crime Act 2017 including new definitions of `firearm'; `component part'; `deactivated weapon' and `antique firearm'. The book covers all decisions of the higher courts regarding this area since 2011 and deals with the likely effects of the UK leaving the European Union. Police policy on the licensing of firearms is covered in addition to the process of application and appeal to the Crown Court.
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The Firearms Law Handbook

by Nick Doherty, Laura Saunsbury
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How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; ...
Criminal Law and the Authority of the State
How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
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Paperback / softback
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Through close analysis of the Canadian context, Terrorism and Counterterrorism in Canada provides an advanced introduction to the challenges and social consequences presented by terrorism today. Featuring contributions from both established and emerging scholars, it tackles key issues within this fraught area and does so from multiple disciplinary perspectives, using ...
Terrorism and Counterterrorism in Canada
Through close analysis of the Canadian context, Terrorism and Counterterrorism in Canada provides an advanced introduction to the challenges and social consequences presented by terrorism today. Featuring contributions from both established and emerging scholars, it tackles key issues within this fraught area and does so from multiple disciplinary perspectives, using historical, quantitative, and qualitative lenses of analyses to reach novel and much-needed insights. Throughout the volume, the editors and contributors cover topics such as the foreign fighter problem, far-right extremism, the role of the internet in fostering global violence, and the media's role in framing the discourse on terrorism in Canada. Also included are essays that look at the struggles to develop specific counter-terrorism policies and practices in the face of these threats. In addition to offering a detailed primer for scholars, policymakers, and concerned citizens, Terrorism and Counterterrorism in Canada confronts the social and legal consequences of mounting securitization for marginalized communities.
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Paperback / softback
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Students today expect learning to be both efficient and interesting. They use online materials and study aids to supplement class-assigned materials and to hack the law. This textbook cuts out the middle person by integrating challenging principal cases that are aggressively edited into an engaging overview of the black letter ...
Criminal Law: Cases, Controversies and Problems
Students today expect learning to be both efficient and interesting. They use online materials and study aids to supplement class-assigned materials and to hack the law. This textbook cuts out the middle person by integrating challenging principal cases that are aggressively edited into an engaging overview of the black letter law. The explanatory sections describe the law through lively language and colorful examples that students can readily grasp and remember. Providing students with a clear doctrinal overview permits the selection of cases that drill down deeper into fundamental or cutting-edge issues. Many of the principal cases put the old wine of the criminal law into new bottles that students will find meaningful and interesting. In addition to homicide, rape, assault, traditional property crimes and drug offenses, the cases selected include environmental and white collar crime, obstruction of justice, criminal copyright infringement, hate crimes, sex trafficking, online threats, revenge porn and computer crimes. Short discussion questions follow each case that stimulate understanding of the holding and the deeper issues at stake. The appendix contains chapters on how to read a case and exam-writing as well as challenging review problems that help students to pull the doctrinal material together.
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Hardback
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The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted following a concerted campaign by Indian women's groups. The law was envisaged to provide emergency civil reliefs to women facing violence within their homes. Over the years there has been a massive increase in cases filed under the ...
Conflict in the Shared Household: Domestic Violence and the Law in India
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted following a concerted campaign by Indian women's groups. The law was envisaged to provide emergency civil reliefs to women facing violence within their homes. Over the years there has been a massive increase in cases filed under the PWDVA. Interactions with lawyers indicate that that the law is useful because of the comprehensiveness of the definition of domestic violence and the scope of reliefs provided in it; and that it allows women direct access to courts. The objective of this publication is to take stock of the progress made towards achieving statutory objectives in the first decade of its implementation. In this regard, the work attempts to cover themes relating to state accountability in terms of providing a supportive framework to facilitate women's access to justice, experiences in court, and jurisprudence evolved by appellate courts. It also seeks to trace and document the history behind the enactment of the PWDVA 2005. The work will capture the experience of key functionaries under the law, and analyse judicial trends by examining orders and judgments passed by the courts of magistrate, various high courts, and the Supreme Court.
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57.750000 USD
Hardback
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This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question ...
Transitional Justice, Corporate Accountability and Socio-Economic Rights: Lessons from Argentina
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
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Hardback
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Modern international criminal law typically traces its origins to the 20th century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the ...
The Slave Trade, Abolition and the Long History of International Criminal Law: The Recaptive and the Victim
Modern international criminal law typically traces its origins to the 20th century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called `recaptives' (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives' rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction - and alternative construction - of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
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Hardback
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This book considers how largely accepted `legal truths' about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and `addiction', including links between alcohol and other drugs, and phenomena such as family violence. Such ...
Law, Drugs and the Making of Addiction: Just Habits
This book considers how largely accepted `legal truths' about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and `addiction', including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise `addicted' realities, with a range of implications - many of them seemingly unjust - for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug `addiction' emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding `practices', the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies
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147.000000 USD
Hardback
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PRAISE FOR THE BOOK Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field. Professor James Chalmers, University ...
Rationale-Based Defences in Criminal Law
PRAISE FOR THE BOOK Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field. Professor James Chalmers, University of Glasgow Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences. Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.
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This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative ...
The Indian Yearbook of Comparative Law 2018
This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.
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