Regulation And Criminal Justice PDF Download
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Author | : Vincent Del Castillo |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Criminal justice, Administration of |
ISBN | : 9781611630640 |
Download The Impact of Regulatory Law on American Criminal Justice Book in PDF, ePub and Kindle
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.
Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 257 |
Release | : 2011-08-29 |
Genre | : Law |
ISBN | : 0804782113 |
Download Law as Punishment / Law as Regulation Book in PDF, ePub and Kindle
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Author | : Hannah Quirk |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2010-12-23 |
Genre | : Law |
ISBN | : 113949399X |
Download Regulation and Criminal Justice Book in PDF, ePub and Kindle
While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.
Author | : John Braithwaite |
Publisher | : Oxford University Press, USA |
Total Pages | : 334 |
Release | : 2002 |
Genre | : Business & Economics |
ISBN | : 0195158393 |
Download Restorative Justice & Responsive Regulation Book in PDF, ePub and Kindle
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.
Author | : Vincent Del Castillo |
Publisher | : Carolina Academic Press LLC |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Administrative law |
ISBN | : 9781531013424 |
Download The Impact of Regulatory Criminal Law on American Criminal Justice Book in PDF, ePub and Kindle
The second editon of The Impact of Regulatory Criminal Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory criminal law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are regulatory criminal laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory criminal laws, particularly those dealing with drugs, prostitution, and firearms and the evolution of their enforcement over time. The effect of regulatory criminal law enforcement on each part of the criminal justice system, the police, courts and corrections, is examined in the second section of the book. The final section provides insight into societal outcomes associated with the enforcement of regulatory criminal laws. The book reveals a number of unanticipated consequences resulting from regulatory criminal laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process all violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process, thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Nevertheless, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory criminal law include police corruption, overcrowded prisons, and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates, and the perpetuation of a social underclass.
Author | : Joseph F. Zimmerman |
Publisher | : Lexington Books |
Total Pages | : 177 |
Release | : 2014-08-06 |
Genre | : Political Science |
ISBN | : 0739198076 |
Download Congress and Crime Book in PDF, ePub and Kindle
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Author | : Fiona Haines |
Publisher | : Routledge |
Total Pages | : 554 |
Release | : 2017-11-30 |
Genre | : Law |
ISBN | : 1351126059 |
Download Crime and Regulation Book in PDF, ePub and Kindle
This volume brings together key articles in the burgeoning field of regulation. The collection is interdisciplinary, in keeping with study of regulation itself, yet the book arranges and explores these articles to make the bewildering array of issues and concepts that comprise the study of regulation comprehensible to a criminological audience. It will be of interest to all scholars and students of criminology and criminal justice, as well as those concerned with reducing the crimes and harms of the powerful.
Author | : Marc Veenbrink |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 506 |
Release | : 2019-11-20 |
Genre | : Law |
ISBN | : 9403514418 |
Download Criminal Law Principles and the Enforcement of EU and National Competition Law Book in PDF, ePub and Kindle
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author | : John Braithwaite |
Publisher | : Routledge |
Total Pages | : 389 |
Release | : 2018-01-17 |
Genre | : Social Science |
ISBN | : 1351778838 |
Download Regulation, Crime and Freedom Book in PDF, ePub and Kindle
This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.
Author | : Jeannette Kamp |
Publisher | : BRILL |
Total Pages | : 347 |
Release | : 2019-12-09 |
Genre | : History |
ISBN | : 9004388443 |
Download Crime, Gender and Social Control in Early Modern Frankfurt am Main Book in PDF, ePub and Kindle
This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.