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How to Avoid Critical Mistakes in Criminal Cases

Kologeski A: How to Avoid Critical
Mistakes in Criminal Cases

What You Must Never Say, Do, or Ignore When Facing an Investigation

Decriminalisation is often framed as a 'third way solution' between legality and criminalisation, but the complex regulatory field that surrounds it is rarely examined. This edited collection marks a departure from current approaches by focusing on the consequences of decriminalisation, rather than abstractly considering what law should be. The collection offers selected case studies where decriminalisation has occurred - drug use, prostitution, homosexuality, abortion and euthanasia - subjecting each to a socio-legal analysis. It pays critical attention to the restructuring of subjects, social space and norms that takes place when modes of governance are transformed. It offers a critical framework for academics, policy makers and the members of the public seeking to move beyond simplistic legal/illegal distinctions to better understand the realities that emerge when explicit criminal sanctions are removed.

Socio-Legal Perspectives

Decriminalisation

Across the Aisle

This balanced book illuminates Republican and Democratic responses and attitudes toward crime, police work, sentencing, incarceration, and rehabilitation in the USA. A broad array of law enforcement and criminal justice issues are examined, including mass incarceration, sentencing disparities, anti-drug efforts, marijuana legalization, death penalty, mandatory minimums, civil asset forfeiture, prison privatization, rape and other crimes in prison settings, women in prison, support for therapeutic/educational programs, sentencing for juvenile offenders, harsher penalties for hate crimes, and voting rights for ex-felons. The focus is on specific and timely topics in criminal justice that are most susceptible to legislative policies. Readers will benefit by developing an appreciation for how politics impacts the criminal justice system, and how the parties have developed laws that impact their lives, dictate acceptable behavior, and legislate appropriate responses for violators. The emphasis of the series is contemporary, but it includes historical perspective to provide a sense of how each party's positions and actions have evolved over time.

Democrats and Republicans

Today's Crime and Punishment Issues

An original study of the UK's preventive hybrid orders, revealing how civil powers with criminal consequences target people as much as behaviour. A timely critique of how these powers disproportionately affect groups already subject to social disadvantage and intensive policing.

Creating the Criminal Other

Behavioural Control Orders

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOS · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

Victims' Rights of Review

Challenging Prosecutorial Discretion

Hart Studies in European Criminal Law

Law Enforcement Access and Data Protection in EU Law

Studies in Penal Theory and Ethics

The Search for a Unified Theory of Punishment

This book provides an overview of male violence against women and the failure of the legal system. 

Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. 

It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. 

This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

This book provides an overview of male violence against women and the failure of the legal system. 

Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. 

It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. 

This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

Law, Ethics, and Policy

Male Violence Against Women

This is an essential guide for all those who practise, wish to practise or are involved in areas relating to animal welfare and protection law. Covering the essential legal frameworks and the practicalities of funding cases this title provides invaluable assistance to those both bringing and defending animal welfare and animal protection cases in criminal courts and adjacent civil proceedings in the Crown Court and magistrates courts. It explains the background to the development of Animal Welfare Law in both civil and criminal cases providing practical guidance and advice. Topics covered include the practical considerations of prosecuting and defending cases in relation to dangerous dogs as well as tail docking, animal suffering and environmental issues. Attention is given to wildlife protection, including poaching, and Section 20 Animal Welfare Act applications, a particularly busy area for both the RSPCA and Local Authorities. Areas related to animal activism such as burglary, theft, aggravated trespass, lawful excuse cases including issues relating to the new legislation re animal theft are given in depth examination as is Animal Licensing specifically areas relating to boarding and breeding licence breaches. How to fund cases whether prosecuting or defending is covered in detail, from the use of expert witnesses to how to apply for legal aid and recovery of costs in successful cases. It also explains how to apply in publicly funded cases and what obstacles can be faced. This is the only guide of its kind covering the main areas where practitioners are approached for assistance making it a must have book for all those involved in animal welfare and protection.

Animal Welfare and Animal Protection Law - A Practitioner’s Guide

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

Elements of International Law

Piracy

How to Avoid Critical Mistakes in Criminal Cases

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