Regulating Preventive Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317218558
Total Pages : 254 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Regulating Preventive Justice by : Tamara Tulich

Download or read book Regulating Preventive Justice written by Tamara Tulich and published by Routledge. This book was released on 2017-01-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

Preventive Justice

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Publisher : OUP Oxford
ISBN 13 : 0191021040
Total Pages : 310 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Preventive Justice by : Andrew Ashworth

Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

United States Attorneys' Manual

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Author :
Publisher :
ISBN 13 :
Total Pages : 718 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulating Preventive Justice

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317218566
Total Pages : 232 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Regulating Preventive Justice by : Tamara Tulich

Download or read book Regulating Preventive Justice written by Tamara Tulich and published by Taylor & Francis. This book was released on 2017-01-20 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

Prevention and the Limits of the Criminal Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191630756
Total Pages : 320 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Prevention and the Limits of the Criminal Law by : Andrew Ashworth

Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice

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Author :
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice by : Centre for Social Development and Humanitarian Affairs (United Nations)

Download or read book Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice written by Centre for Social Development and Humanitarian Affairs (United Nations) and published by New York : United Nations. This book was released on 1992 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part Two. HUMAN RIGHTS

Reforming Juvenile Justice

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Publisher : National Academies Press
ISBN 13 : 0309278937
Total Pages : 462 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Reforming Juvenile Justice by : National Research Council

Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Juvenile Crime, Juvenile Justice

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Publisher : National Academies Press
ISBN 13 : 0309172357
Total Pages : 405 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Juvenile Crime, Juvenile Justice by : Institute of Medicine

Download or read book Juvenile Crime, Juvenile Justice written by Institute of Medicine and published by National Academies Press. This book was released on 2001-06-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

Restorative Justice & Responsive Regulation

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0195158393
Total Pages : 334 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Restorative Justice & Responsive Regulation by : John Braithwaite

Download or read book Restorative Justice & Responsive Regulation written by John Braithwaite and published by Oxford University Press, USA. This book was released on 2002 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Handbook on Restorative Justice Programmes

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Author :
Publisher : United Nations Publications
ISBN 13 : 9789211337549
Total Pages : 0 pages
Book Rating : 4.3/5 (375 download)

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Book Synopsis Handbook on Restorative Justice Programmes by : Yvon Dandurand

Download or read book Handbook on Restorative Justice Programmes written by Yvon Dandurand and published by United Nations Publications. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Regulating and Combating Money Laundering and Terrorist Financing

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Publisher : Routledge
ISBN 13 : 1000351750
Total Pages : 159 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Regulating and Combating Money Laundering and Terrorist Financing by : Nkechikwu Valerie Azinge-Egbiri

Download or read book Regulating and Combating Money Laundering and Terrorist Financing written by Nkechikwu Valerie Azinge-Egbiri and published by Routledge. This book was released on 2021-03-01 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analytically reviews the impact of the global anti-money laundering and counter-terrorist financing (AML/CFT) framework on the compliance trajectory of a number of jurisdictions to this framework. The work begins by examining the international financial sector reform and its evolution to inculcate the global framework for AML/CFT regulations. It challenges the resulting uniform AML/CFT due to its paradoxical impact on the compliance trajectory of African countries and emerging economies (ACs/EEs). This is done through an examination of the pre-conditions for effective regulation and compliance drivers for ACs/EEs that reveals the behavioural impact of the AML/CFT standards on the bloc of countries. Through the application of agency theory, it explores the relationship between ACs/EEs on the one hand and the international financial institutions that formulate, disseminate and facilitate compliance with the global framework for AML/CFT standards on the other. The remaining chapters review empirically the compliance pressures and resulting compliance trajectory of ACs/EEs with the AML/CFT standards. The final part of the book provides a detailed explanation of the compliance challenges of ACs/EEs and the legitimacy concerns that facilitate this. This book offers a new direction on the impact of global AML/CFT standards on ACs/EEs and contributes to the understanding of the conditions under which the global standards are likely to facilitate proactive compliance within these blocs of countries. As such it will be a valuable resource for academics, researchers and policy-makers working in this area.

The Road to Freedom

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Publisher : Wood 'N' Barnes Publishing
ISBN 13 : 9781885473929
Total Pages : 334 pages
Book Rating : 4.4/5 (739 download)

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Book Synopsis The Road to Freedom by : John W. Morin

Download or read book The Road to Freedom written by John W. Morin and published by Wood 'N' Barnes Publishing. This book was released on 2002 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: A workbook for sex offenders incorporating the latest developments in relapse prevention training. It features the four-path R-P model and invites offenders, in an easy-to-read style, to examine their own approach to offending, addressing the high risk factors that trigger and maintain that approach. This book looks beyond the cognitive and behavioral linchpins of offending to the powerful emotional needs that energize deviant sex. The authors believe that only by learning to meet these needs in healthy ways can offenders attain the positive reinforcements that lead to maintaining important lifestyle changes. Newly-added sections address the role of polygraphy in sex offender treatment and the role of the Internet in sexual compulsivity.

FinTech, Artificial Intelligence and the Law

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Publisher : Routledge
ISBN 13 : 1000412660
Total Pages : 206 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis FinTech, Artificial Intelligence and the Law by : Alison Lui

Download or read book FinTech, Artificial Intelligence and the Law written by Alison Lui and published by Routledge. This book was released on 2021-07-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.

The Oxford Handbook of Crime Prevention

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Publisher : Oxford University Press
ISBN 13 : 0199396698
Total Pages : 558 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Oxford Handbook of Crime Prevention by : Brandon C. Welsh

Download or read book The Oxford Handbook of Crime Prevention written by Brandon C. Welsh and published by Oxford University Press. This book was released on 2014-06-18 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can a society prevent-not deter, not punish-but prevent crime? Criminal justice prevention, commonly called crime control, aims to prevent crime after an initial offence has been commited through anything from an arrest to a death penalty sentence. These traditional means have been frequently examined and their efficacy just as frequently questioned. Promising new forms of crime prevention have emerged and expanded as important components of an overall strategy to reduce crime. Crime prevention today has developed along three lines: interventions to improve the life chances of children and prevent them from embarking on a life of crime; programs and policies designed to ameliorate the social conditions and institutions that influence offending; and the modification or manipulation of the physical environment, products, or systems to reduce everyday opportunities for crime. Each strategy aims at preventing crime or criminal offending in the first instance - before the act has been committed. Each, importantly, takes place outside of the formal criminal justice system, representing an alternative, perhaps even socially progressive way to reduce crime. The Oxford Handbook of Crime Prevention is a comprehensive, up-to-date, and authoritative review of research on crime prevention. Bringing together top scholars in criminology, public policy, psychology, and sociology, this Handbook includes critical reviews of the main theories that form the basis of crime prevention, evidence-based assessments of the effectiveness of the most important interventions, and cross-cutting essays that examine implementation, evaluation methodology, and public policy. Covering the three major crime prevention strategies active today-developmental, community, and situational-this definitive volume addresses seriously and critically the ways in which the United States and the Western world have attempted, and should continue to strive for the of crime.

Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191639508
Total Pages : 1652 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth by : Lucia Zedner

Download or read book Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth written by Lucia Zedner and published by OUP Oxford. This book was released on 2012-08-16 with total page 1652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.

Preventing Regulatory Capture

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107036089
Total Pages : 531 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Preventing Regulatory Capture by : Daniel Carpenter

Download or read book Preventing Regulatory Capture written by Daniel Carpenter and published by Cambridge University Press. This book was released on 2014 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.

The Dutch Criminal Justice System

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Author :
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Dutch Criminal Justice System by : P. J. P. Tak

Download or read book The Dutch Criminal Justice System written by P. J. P. Tak and published by . This book was released on 2008 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: