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Study Abroad and Cultural Exchange in
Criminal Justice Education

Study Abroad and Cultural Exchange in Criminal Justice Education

Diversity, Equity and Inclusion in Criminal Justice Education

Routledge-Giappichelli Studies in Law

The use of traffic and location data in criminal justice is now a common prac-tice in the EU and beyond. Although metadata do not reveal the contents of communications, they allow to draw precise conclusions on the private lives of users, like their everyday habits, places of residence, daily movements and ac-tivities, social relationships, and frequented environments. For this reason, they are largely used by law enforcement to identify promising targets of investiga-tion or as evidence in criminal trials. In the EU, national legislation often pro-vides for the indiscriminate retention of such data, but the compatibility of these mass surveillance regimes with the European human rights framework has been questioned in the case law of the European Court on Human Rights (ECtHR) and the European Court of Justice (CJEU), as well as legal scholar-ship. Nevertheless, the use of unlawfully retained data in criminal proceedings is not usually sanctioned in national criminal procedural systems. This book addresses this problem by inquiring about how communications metadata can be used in criminal proceedings, having regard to the principles of legality and fairness. In particular, through the lens of fairness, the analysis seeks to find some common ground between privacy and data protection regimes on the one hand and criminal procedural rules on the other. To this end, it employs both an interdisciplinary doctrinal research method and a comparative analysis be-tween a limited number of EU Member States. By identifying different stand-ards of fairness for the preventive context, the investigation, and the trial phase, the book highlights gaps in protection and attempts to reconcile these two separate, yet closely related, regimes.

Communication Metadata under EU Human Rights Law

Criminal Justice and Data Protection

"A riveting account of one death row inmate's quest to die-and a fearless look at how America's system of punishment has failed the public it claims to serve. When Scott Dozier was sent to Nevada's death row in 2007, convicted of a pair of grisly murders, he didn't cry foul or embark upon a protracted innocence campaign. He sought instead to expedite his execution-to hasten his inevitable death. He decided he would rather face his end swiftly than die slowly in solitary confinement. In volunteering for execution, Dozier may have been unusual. But in the tortuous events that led his death date to be scheduled and rescheduled, planned and then stayed, his time on death row was anything but. In The Volunteer, Emmy award-winning investigative reporter Gianna Toboni traces the twists and turns of Dozier's story, along the way offering a hard look at the history and controversy that surround the death penalty today. Toboni reveals it to be a system rife with black market dealings and supply chain labyrinths, with disputed drugs and botched executions. Today's death penalty, generally carried out through lethal injection, has proven so cumbersome, ineffective, and potentially harrowing that some states have considered a return to the electric chairs and firing squads of the past, believing those approaches to be not only more effective but more humane. No matter where you stand on the morality of capital punishment, there's no denying that the death penalty is failing the American public. With costs running into the billions and countless lives kept in limbo, it has proven incapable of achieving its desired end: executing the inmates that fellow Americans have deemed guilty of the most heinous crimes. With The Volunteer, Toboni offers an insightful and profound look at how the death penalty went so terribly wrong. A spellbinding story down to its shocking conclusion, it brings to light the horrifying realities of state-sanctioned killings-realities that many would prefer to ignore"--Provided by publisher.

The Failure of the Death Penalty in America and One Inmate's Quest to Die with Dignity

The Volunteer

Studies in International and Comparative Criminal Law

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

Bridging the Accountability Gap

Indiscriminate and Disproportionate Attacks in International Law

This book provides the first in-depth scholarly analysis of fraud, the highest volume crime in England and Wales, addressing the challenges faced in building a principled criminal law response by presenting an innovative normative analysis. The UK is now in a pandemic of fraud. There were 4.6 million fraud offences recorded in the year ending March 2021, accounting for 42% of all crime committed against individuals. Fraud is now the highest volume crime in England and Wales; its incidence in the first half of 2021 was described by UK Finance as a 'national security threat'. The book provides the answers to key questions, such as: - How can the rapidly changing nature of fraud be understood and mapped by criminal lawyers? - How does fraud connect to economic crime more broadly? - Is the current landscape for criminalising fraud fit for purpose, in the light of changes to the nature and complexity of wrongdoing? - What are the principled limits to using Artificial Intelligence technologies to detect and to penalise fraud? - Which principles should inform fraud criminalisation and governance following the COVID-19 pandemic, to meet the challenges of a digital age and a stretched criminal justice system?

The Future of Criminalisation of Fraud in England and Wales

The Fraud Pandemic

This book offers a fresh feminist perspective on prostitution. It challenges the 'sex work' perspective, drawing on experience from rape law and #MeToo campaigns in Ireland and elsewhere to develop a new legal concept of 'compromised consent'. This concept justifies the introduction of Nordic Model laws banning the purchase of sex. It recognises that an individual consent to sell sex is necessarily compromised by structural exploitation within the vastly profitable global sex industry. While 'sex work' proponents increasingly dominate academic discourse on prostitution, this book asserts that they have co-opted the language of feminism to mask the immense power and patriarchal control exerted by the industry. Their view of 'consent' is based on a dangerous premise. They cannot say that those who sell sex do so out of mutual desire; rather consent is portrayed as an expression of individual choice, thus ignoring the intersectional gendered collective context within which commercial sex transactions take place worldwide. By contrast, this book argues that presumptions of 'consent' in prostitution directly undermine the legal principles of affirmative consent and contemporary law reforms hard-won by feminist activists on rape and gender-based violence. A view of consent as 'compromised' within the sex trade derives from socialist theorising, as well as from legal re-conceptualisations of consent in other settings. It also reflects the reality of conditions within the sex industry. This book will be of great interest to students, academics, policy makers and feminist activists. It makes a significant contribution in challenging the dominant thinking within a highly polarised literature.

A Feminist Justification for Sex Purchase Ban Law

Compromised Consent

What is the process for a successful criminal investigation? 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 the reality of working to support others as a team. Author Daniel A. 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. Updates to this Second Edition include: - Updated illustrative cases reflecting current police investigations, to support theories and opinions about investigative steps and best practices - Additional content on crime scene investigation - Updated scholarship and supporting data - New images, charts, and graphs

Suspect, Subject, Defendant

Finding the Truth with Criminal Investigation

Issues in Forensic Psychology

Transforming Relationships in Forensic Psychological Practice is first and foremost a clinicians' guide: it has been written with the aim of supporting people to develop, maintain and repair relationships within their work as forensic practitioners.Research repeatedly finds that client perception of the therapeutic relationship is a significant factor in treatment success; however, data suggests that forensic psychologists have a poor history of trust and engagement with people in prisons. Tackling this issue head-on, this book explores key factors in working relationships across a broad range of forensic client groups, settings and tasks and reflects on specific points of tension in forensic therapeutic relationships. Drawing on the expertise of a diverse range of authors, it unpicks the challenges in building such relationships and explores factors such as neurodiversity, extremism, professional boundaries and working effectively with women and children. It outlines how productive working relationships can be developed and maintained, and highlights the essential constituent parts of that process, using both a theoretical and experiential lens. Finally, the book identifies and discusses examples of good practice from both practitioner and, in places, service participant perspectives.Guiding practitioners to find respectful and connected solutions, whilst maintaining safety and appropriate professional and personal boundaries, Transforming Relationships in Forensic Psychological Practice is an essential resource for all professionals working in forensic settings, both qualified and in training.

Transforming Relationships in Forensic Psychological Practice

Can you avoid any law you do not consent to? Can you avoid paying taxes by declaring yourself sovereign? Do courts operate under admiralty or maritime law? No. But welcome to the strange world of pseudolaw. This is the first-ever edited volume solely dedicated to examining pseudolaw and its most prominent adherents, sovereign citizens. Drawing on the expertise of judges, criminologists, legal theorists and political sociologists, this collection offers insights into the global growth and alarming adaptability of pseudolaw. While it might be tempting to laugh at the ridiculousness of pseudolaw, it is a serious matter. People who make these claims rob themselves of meaningful legal opportunities and impose great costs to themselves, the administration of justice, and the community. Pseudolaw is also linked to violent extremism and indicative of growing social insecurity. Part I offers ways to analyse and differentiate pseudolaw from other forms of conspiracy ideation and fringe legal interpretation. Part II examines the rise of sovereign citizens and the global spread of pseudolaw. Part III explores contemporary issues arising from pseudolaw, including the rise of far-right extremism, lay-persons in judicial proceedings, fake claims of indigeneity, and fraudulent 'get out of jail' schemes. It concludes by considering how we can respond to this phenomenon.

Pseudolaw and Sovereign Citizens

Democrats and Republicans

Today's Crime and Punishment Issues

Oxford Monographs on Criminal Law and Justice

The U.S. Supreme Court maintains that prosecutorial discretion to charge different offenses authorized by the penal code is practically limited only by the penal code itself. Because typical offense conduct violates multiple statutes carrying different maximum – and minimum – sentences, by choosing the charge, the prosecution commonly also chooses the sentence. The Court, however, holds that when judges exercise sentencing discretion, due process requires impeccable neutrality and adversary hearings. Sentencing Discretion and the Constitution: Due Process of Time addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years – or even decades – in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the "give and take" of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment. Unlike prior works, Sentencing Discretion and the Constitution exposes the connections between these problems and proposes a unified solution. The right against excessive punishment, like the right against erroneous conviction, is best understood as a right to procedural justice. More broadly, curtailing prosecutorial sentencing is an essential step toward curtailing mass incarceration – a problem that otherwise is more likely to get worse than better. This book will be of interest to readers concerned with plea bargaining, sentencing, constitutional law, legal history, and criminal law theory.

Due Process of Time

Sentencing Discretion and the Constitution

Criminal Practice Series

A practical, user-friendly guide to this complex area of law, with clear analysis of legislation and proliferating case law allowing principles to be quickly identified and understood. A stage-by-stage explanation of the procedural requirements ensures that required forms and responses are completed well and within time limits. The new edition incorporates developments in case law at Supreme Court level which has had a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act. There have also been cases on apportionment and double recovery. Cases covered in the second edition include: Criminal confiscation - Supreme Court case of R v Waya (2012) which has a profound impact on the calculation of benefit and the need to achieve proportionality and compliance with the Human Rights Act 1988 and Article 1 of the First Protocol of the European Convention. - Supreme Court case of R v Ahmad and Field (2014), a crucial case on apportionment and double recovery. - Court of Appeal case of Shakeel Ahmed (2012) the CA largest ever confiscation order overturned. Civil recovery - Perry v Serious Organised Crime Agency (2012) implications to extra territorial jurisdiction of the Part V powers.

Confiscation Law Handbook

Study Abroad and Cultural Exchange in Criminal Justice Education

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