The Preventive Turn In Criminal Law PDF Download
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Author | : Henrique Carvalho |
Publisher | : |
Total Pages | : 207 |
Release | : 2017 |
Genre | : Criminal justice, Administration of |
ISBN | : 9780191801501 |
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Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.
Author | : Henrique Carvalho |
Publisher | : Oxford University Press |
Total Pages | : 225 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198737858 |
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Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.
Author | : Andrew Ashworth |
Publisher | : OUP Oxford |
Total Pages | : 1171 |
Release | : 2013-01-31 |
Genre | : Law |
ISBN | : 0191630756 |
Download Prevention and the Limits of the Criminal Law Book in PDF, ePub and Kindle
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.
Author | : Andrew Ashworth |
Publisher | : OUP Oxford |
Total Pages | : 380 |
Release | : 2014-03-27 |
Genre | : Law |
ISBN | : 0191021059 |
Download Preventive Justice Book in PDF, ePub and Kindle
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'.
Author | : Tore Bjørgo |
Publisher | : Springer |
Total Pages | : 418 |
Release | : 2016-01-26 |
Genre | : Social Science |
ISBN | : 1137560487 |
Download Preventing Crime Book in PDF, ePub and Kindle
Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.
Author | : John Pratt |
Publisher | : Springer Nature |
Total Pages | : 400 |
Release | : 2020-08-05 |
Genre | : Social Science |
ISBN | : 3030488721 |
Download Law, Insecurity and Risk Control Book in PDF, ePub and Kindle
This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.
Author | : Christopher Slobogin |
Publisher | : Oxford University Press |
Total Pages | : 210 |
Release | : 2011-08-01 |
Genre | : Psychology |
ISBN | : 019977840X |
Download Juveniles at Risk Book in PDF, ePub and Kindle
In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Author | : Delbert Elliott |
Publisher | : John Wiley & Sons |
Total Pages | : 440 |
Release | : 2017-01-03 |
Genre | : Social Science |
ISBN | : 1118843606 |
Download The Prevention of Crime Book in PDF, ePub and Kindle
The Prevention of Crime provides a unique and comprehensive overview of effective crime prevention programs, strategies and policies, demonstrating how criminological theories, research, and practice are interrelated. Offers the most cutting-edge, comprehensive summaries of effective interventions based on the latest research, by the foremost scholars on the topic of crime prevention in the U.S Provides unique practical information and discussions on how to effectively replicate prevention strategies in communities and criminal-justice settings is highly relevant to students, providing them with the latest research in this area Coverage of multiple theories of crime includes the more recent public-health and life-course developmental perspectives Includes a comprehensive review of the increasing number of effective crime prevention interventions and the practicalities of ensuring that these programs, practices and policies are effectively implemented, both in the U.S and in other countries Presents the most cutting-edge current and optimistic view regarding crime prevention: that it is possible to effectively reduce crime but that efforts need to start early in communities and continue through the life-course
Author | : Lucia Zedner |
Publisher | : OUP Oxford |
Total Pages | : 1652 |
Release | : 2012-08-16 |
Genre | : Law |
ISBN | : 0191639508 |
Download Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth Book in PDF, ePub and Kindle
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.
Author | : Benoit LeClerc |
Publisher | : Springer |
Total Pages | : 396 |
Release | : 2016-09-02 |
Genre | : Social Science |
ISBN | : 9783319277912 |
Download Crime Prevention in the 21st Century Book in PDF, ePub and Kindle
This volume brings together a series of original contributions made by international experts dedicated to guiding efforts in preventing crime. The collection is divided into seven sections that cover cutting edge approaches to crime prevention: 1) the offenders’ perspective on crime prevention 2) crime script analysis 3) crime mapping and spatial analysis 4) social network analysis 5) agent-based modelling 6) crime-proofing legislations 7) technologies of crime prevention Each section includes one theoretical chapter to introduce the research approach followed by a series of empirical/applied contributions. The theoretical chapter aims to introduce and explain the approach of interest and discusses under which circumstances this strategy could best assist crime prevention. The objective of empirical/applied contributions is simply to showcase how these approaches can be apply. This collection can be seen as the end result of the convergence of novel ideas and analytical skills in the area of crime and crime prevention worldwide. It will be of interest to researchers in Criminology and Criminal Justice, as well as related fields like Sociology and Psychology, Security, Urban Planning, and Public Policy.