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Book Rethinking Criminal Justice in Canada

Download or read book Rethinking Criminal Justice in Canada written by and published by . This book was released on 2018 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Rethinking Criminal Law Theory

    Book Details:
  • Author : Francois Tanguay-Renaud
  • Publisher : Bloomsbury Publishing
  • Release : 2012-01-10
  • ISBN : 1847319033
  • Pages : 334 pages

Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Book Rethinking Criminal Law Theory

    Book Details:
  • Author : Francois Tanguay-Renaud
  • Publisher : Bloomsbury Publishing
  • Release : 2012-01-10
  • ISBN : 1847319033
  • Pages : 334 pages

Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Book Rethinking Criminal Justice in Canada

Download or read book Rethinking Criminal Justice in Canada written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IRPP wishes to thank everyone who contributed to the round table process, including the members of the Criminal Justice System Review Secretariat at Department of Justice, who took part in the round tables and provided comments on an early draft of this report. [...] The mandate letter presented to the Minister of Justice clearly states that a review should be conducted to "ensure that we are increasing the safety of our communities, getting value for money, addressing gaps and ensuring that current provisions are aligned with the objectives of the criminal justice system."1 Of course, such a review cannot be conducted in a vacuum. [...] To ensure that everyone had an opportunity to contribute meaningfully to the dis- cussion, and to encourage all participants to speak freely, the size of the groups was limited to approximately 15 participants,3 and the events were held under the Chat- ham House Rule. [...] In the opinion of the participants, the review must reconsider the values and principles that underpin the system, and it must consider specific policy changes through a new con- ceptual lens. [...] Many of the problems in the system are the result of disconnected processes and lack of communication.

Book Rethinking Criminal Justice Research

Download or read book Rethinking Criminal Justice Research written by Ingrid Arnet Connidis and published by . This book was released on 1982-01 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Persistent Prison

    Book Details:
  • Author : Maeve Winifred McMahon
  • Publisher : University of Toronto Press
  • Release : 1992-01-01
  • ISBN : 0802076890
  • Pages : 301 pages

Download or read book The Persistent Prison written by Maeve Winifred McMahon and published by University of Toronto Press. This book was released on 1992-01-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Prison system is widely believed to be an immutable element of contemporary society. Many criminologists and sociologists of deviance believe that decarceration movements have failed to yield progressive reform, and that feasible alternatives to the prison system do not exist. Maeve McMahon challenges these views. Reconstructing the emergence of critical perspectives on decarceration, she examines analytical and empirical problems in the research. She also points out how indicators of community programs and other penalties serving as alternatives to prison have typically been overshadowed through critical focus on their effects in 'widening the net' of control. McMahon presents a detailed analysis of decreasing imprisonment, and of the part played by alternatives in this, during the postwar period in Ontario. Drawing from extensive documentary research, and from interviews with former correctional officials, she charts the changing climates of opinions, and socio-economic factors, which facilitated decarceration. By situating her analysis in the context of theoretical and political arguments about the possibility of decarceration, McMahon provides in her work a stimulus to the development of progressive penal politics not just in Canada, but in all western countries.

Book Rethinking Policing and Justice

Download or read book Rethinking Policing and Justice written by Luis Fernandez and published by Routledge. This book was released on 2014-07-16 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become somewhat axiomatic to refer to the police as the ‘gatekeepers’ of the criminal justice system and thus as a mechanism for the provision of justice. And yet, when we conceptualize the police in this way, what is often taken for granted is the exact nature of that role and its larger social meaning. Indeed, we know that police deliver justice more efficiently to some and injustice to others. Rethinking Policing and Justice critically examines the role of policing (both state and non-state forms) in the provision of justice (and injustice). In essence, it presents work that highlights how different communities and groups have sought alternatives to policing, sometimes taking over the functions of policing. It also shows a variety of theoretical, methodology, and other approaches for the critical evaluation of law enforcement, highlighing different insights into alternative modes of policing, as we seek to understand and redraft the relationship between policing and justice. This book was originally published as a special issue of Contemporary Justice Review.

Book Re thinking Access to Criminal Justice in Canada  electronic Resource    a Critical Review of Needs  Responses and Restorative Justice Initiatives

Download or read book Re thinking Access to Criminal Justice in Canada electronic Resource a Critical Review of Needs Responses and Restorative Justice Initiatives written by Patricia Hughes and published by Department of Justice Canada. This book was released on 2001 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Bad Law

    Book Details:
  • Author : John Reilly
  • Publisher : Rocky Mountain Books Ltd
  • Release : 2019-10
  • ISBN : 1771603356
  • Pages : 241 pages

Download or read book Bad Law written by John Reilly and published by Rocky Mountain Books Ltd. This book was released on 2019-10 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of Bad Medicine and its sequel Bad Judgment comes a wide-ranging, magisterial summation of the years-long intellectual and personal journey of an Alberta jurist who went against the grain and actually learned about Canada's indigenous people in order to become a public servant."Probably my greatest claim to fame is that I changed my mind," writes John Reilly in this broadly cogent interrogation of the Canadian justice system. Building on his previous two books, Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments. He marshalls extensive evidence, including an historic 19th-century US case that was ultimately decided according to Sioux tribal custom, not US federal law.And then he just comes out and says it: "My proposition is that the dominant Canadian society should scrap its criminal justice system and replace it with the gentler, and more effective, process used by the indigenous people."Punishment; deterrence; due process; the socially corrosive influence of anger, hatred and revenge; sexual offences; the expensive futility of "wars on drugs"; the radical power of forgiveness--all of that and more gets examined here. And not in a bloodlessly abstract, theoretical way, but with all the colour and anecdotal savour that could only come from an author who spent years watching it all so intently from the bench.

Book Rethinking Punishment

    Book Details:
  • Author : Leo Zaibert
  • Publisher : Cambridge University Press
  • Release : 2018-04-19
  • ISBN : 110867660X
  • Pages : 278 pages

Download or read book Rethinking Punishment written by Leo Zaibert and published by Cambridge University Press. This book was released on 2018-04-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.

Book Rethinking Criminal Justice

Download or read book Rethinking Criminal Justice written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Canadian Criminal Justice System

Download or read book The Canadian Criminal Justice System written by Nick Larsen and published by Canadian Scholars’ Press. This book was released on 1995 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The administration of justice is an area of social policy that defies attempts to achieve a balance between order and the protection of the public and respect for individual rights. The media contain daily accounts of the failure of the criminal justice system to repress crime. It is within this social and legal context that this work is situated. In addition to including a range of articles in the standard areas of policing, courts, and corrections, recent articles deal with such controversial issues as aboriginal justice, the recruitment of visible minorities by Canadian police forces, and the role of women in the Canadian criminal justice system. The collection concludes with a critical assessment of the retributive model that currently serves as the philosophical underpinnings of the Canadian criminal justice system.

Book Indictment

    Book Details:
  • Author : Benjamin Perrin
  • Publisher : University of Toronto Press
  • Release : 2023-08-31
  • ISBN : 1487533748
  • Pages : 259 pages

Download or read book Indictment written by Benjamin Perrin and published by University of Toronto Press. This book was released on 2023-08-31 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on first-hand interviews with survivors, people who have committed offences, and others on the frontlines, Indictment puts the Canadian criminal justice system on trial and proposes a bold new vision of transformative justice. #MeToo. Black Lives Matter. Decriminalize Drugs. No More Stolen Sisters. Stop Stranger Attacks. Do we need more cops or to defund the police? Harm reduction or treatment? Tougher sentences or prison abolition? The debate about Canada’s criminal justice system has rarely been so polarized – or so in need of fresh ideas. Indictment brings the heartrending and captivating stories of survivors and people who have committed offences to the forefront to help us understand why the criminal justice system is facing such an existential crisis. Benjamin Perrin draws on his expertise as a lawyer, former top criminal justice advisor to the prime minister, and law clerk at the Supreme Court of Canada to investigate the criminal justice system itself. Indictment critiques the system from a trauma-informed perspective, examining its treatment of victims of crime, Indigenous people and Black Canadians, people with substance use and mental health disorders, and people experiencing homelessness, poverty, and unemployment. Perrin also shares insights from others on the frontlines, including prosecutors and defence lawyers, police chiefs, Indigenous leaders, victim support workers, corrections officers, public health experts, gang outreach workers, prisoner and victims’ rights advocates, criminologists, psychologists, and leading trauma experts. Bringing forward the voices of marginalized people, along with their stories of survival and resilience, Indictment shows that a better way is possible.

Book Rethinking What Works with Offenders

Download or read book Rethinking What Works with Offenders written by Stephen Farrall and published by Routledge. This book was released on 2013-10-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important and original new book reports on a major investigation of the outcomes of probation supervision, is concerned with the key question of what works in probation, and comes at an important moment of change and development for the probation service in the UK. Unlike previous studies which have relied mostly on official data, this book makes use of over 200 interviews with men and women on probation, and their supervising Probation Officers. Rethinking What Works with Offenders has the following objectives: to understand probation work from the perspectives of those who deliver it and those to whom it is delivered to study probation intervention as a whole (in particular the probation order) rather than specific aspects to locate probation work in the wider social contexts of those on probation to analyse how probation works, and to reconceptualise probation outcomes in terms of degrees of success rather than as 'successful' or 'unsuccessful' to assess the policy implications of these conclusions This book presents an important and challenging range of findings on 'what works' in probation and with offenders, and will be essential reading for anybody professionally concerned with the present and future of probation. raises central issues at a critical time for the reorganised National Probation Servicebased on extensive research, including 200+ interviewsessential reading for anybody interested in 'what works' in probation

Book Due Process and Victims  Rights

Download or read book Due Process and Victims Rights written by Kent Roach and published by University of Toronto Press. This book was released on 1999-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.