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Personal Autonomy, the Private Sphere and Criminal Law

Personal Autonomy, the Private Sphere and Criminal Law

Author: Peter Alldridge

Publisher: Hart Publishing

ISBN: 9781901362824

Category: Law

Page: 301

View: 190

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This study compares legal cultures and underlying assumptions about privacy, personal autonomy, and justifications for state intervention in individual behavior through criminal law, focusing primarily on England, Wales, and continental Europe. In theory , at least, Europeans increasingly share a common culture of basic individual rights and of standards against which to measure the legitimacy of state interference with them, as expressed by the European Convention on Human Rights and Fundamental Freedoms. At the same time, the development of a supra-national economic and social order is pushing national criminal justice systems further toward a shared instrumentalist perception of criminal law. Distributed by ISBS. c. Book News Inc.

Defining Rape: Emerging Obligations for States under International Law?

Defining Rape: Emerging Obligations for States under International Law?

Author: Maria Eriksson

Publisher: BRILL

ISBN: 9789004225954

Category: Law

Page: 624

View: 909

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The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor.

Scots Criminal Law

Scots Criminal Law

Author: Pamela R Ferguson

Publisher: Edinburgh University Press

ISBN: 9780748695836

Category: Law

Page: 700

View: 797

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Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe

Infocrime

Infocrime

Author: Eli Lederman

Publisher: Edward Elgar Publishing

ISBN: 9781785361265

Category: Computers

Page: 488

View: 149

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It has often been said that information is power. This is more true in the information age than ever. The book profiles the tools used by criminal law to protect confidential information. It deals with the essence of information, the varieties of confidential information, and the basic models for its protection within the context of the Internet and social networks. Eli Lederman examines the key prohibitions against collecting protected information, and against using, disclosing, and disseminating it without authorization. The investigation cuts across a broad subject matter to discuss and analyze key topics such as trespassing and peeping, the human body as a source of information, computer trespassing, tracking and collecting personal information in the public space, surveillance, privileged communications, espionage and state secrets, trade secrets, personal information held by others, and profiling and sexting. Infocrime will appeal to graduate and undergraduate scholars and academics in the legal arena, in law schools and schools of communication, and to practicing lawyers with an interest in legal theory and a concern for the protection of the personal realm in a world of increasingly invasive technologies.

Criminal Evidence

Criminal Evidence

Author: Paul Roberts

Publisher: Oxford University Press

ISBN: 9780199231645

Category: Language Arts & Disciplines

Page: 772

View: 548

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Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.

Ethical and Social Perspectives on Situational Crime Prevention

Ethical and Social Perspectives on Situational Crime Prevention

Author: Andreas von Hirsch

Publisher: Bloomsbury Publishing

ISBN: 9781847313300

Category: Law

Page: 240

View: 220

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Situational crime prevention has drawn increasing interest in recent years,yet the debate has looked mainly at whether it 'works' to prevent crime. This volume addresses the ethics of situational crime prevention and also examines the place of situational crime prevention within criminology. The contributors are twelve distinguished criminologists who together advance our understanding of the ethical and societal questions underlying crime prevention. Contributors: Ron Clarke, Adam Crawford, Antony Duff, David Garland, Tim Hope, Richard Jones, John Kleinig, Clifford Shearing, David J. Smith, Richard Sparks, Andrew von Hirsch and Alison Wakefield. "..presents several unique questions regarding the use of crime prevention strategies." Robert Hanser writing in The Literature of Criminal Justice January 2001

Roberts & Zuckerman's Criminal Evidence

Roberts & Zuckerman's Criminal Evidence

Author: Paul Roberts

Publisher: Oxford University Press

ISBN: 9780192557919

Category: Law

Page: 1193

View: 399

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Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.

Incivilities

Incivilities

Author: A P Simester

Publisher: Bloomsbury Publishing

ISBN: 9781847312839

Category: Law

Page: 304

View: 680

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Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

Setting the Watch

Setting the Watch

Author: Beatrice von Silva-Tarouca Larsen

Publisher: Bloomsbury Publishing

ISBN: 9781847316264

Category: Law

Page: 226

View: 948

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Many liberals consider CCTV surveillance in public places - particularly when it is as extensive as it is in England - to be an infringement of important privacy-based rights. An influential report by the House of Lords in 2009 also took this view. However there has been little public, or academic, discussion of the underlying principles and ethical issues. What rights of privacy or anonymity do people have when abroad in public space? What is the rationale for these rights? In what respect does CCTV surveillance compromise them? To what extent does the state's interest in crime prevention warrant encroachment upon such privacy and anonymity rights? This book offers the first extended, systematic treatment of these issues. In it, the author develops a theory concerning the rationale for the entitlement to privacy and anonymity in public space, based on notions of liberty and dignity. She examines how CCTV surveillance may compromise these rights, drawing on everyday conventions of civil inattention among people in the public domain. She also considers whether and to what extent crime-control concerns could justify overriding these entitlements. The author's conclusion is that CCTV surveillance should be appropriate only in certain restrictively-defined situations. The book ends with a proposal for a scheme of CCTV surveillance that reflects this conclusion.

Criminal Theory and International Human Rights Law

Criminal Theory and International Human Rights Law

Author: Steven Malby

Publisher: Routledge

ISBN: 9780429594434

Category: Law

Page: 238

View: 130

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The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.

Transforming International Criminal Justice

Transforming International Criminal Justice

Author: Mark J. Findlay

Publisher: Taylor & Francis

ISBN: 9781317436690

Category: Social Science

Page: 465

View: 337

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This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities