Download or read book The Preventive Turn in Criminal Law written by Henrique Carvalho and published by Oxford University Press. This book was released on 2017 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 --Front flap of book.
Download or read book The Preventive Turn in Criminal Law written by Henrique Carvalho and published by Oxford University Press. This book was released on 2017-04-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, The Preventive Turn in Criminal Law 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.
Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Preventing Crime written by Tore Bjørgo and published by Springer. This book was released on 2016-01-26 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book Preventive Justice written by Andrew Ashworth and published by Oxford Monographs on Criminal. This book was released on 2014 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Preventative Justice' looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.
Download or read book Law Insecurity and Risk Control written by John Pratt and published by Springer Nature. This book was released on 2020-08-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Juveniles at Risk written by Christopher Slobogin and published by Oxford University Press. This book was released on 2011-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Deterrence and Crime Prevention written by David M. Kennedy and published by Routledge. This book was released on 2012-08-06 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deterrence is at the heart of the preventive aspiration of criminal justice. Deterrence, whether through preventive patrol by police officers or stiff prison sentences for violent offenders, is the principal mechanism through which the central feature of criminal justice, the exercise of state authority, works – it is hoped -- to diminish offending and enhance public safety. And however well we think deterrence works, it clearly often does not work nearly as well as we would like – and often at very great cost. Drawing on a wide range of scholarly literatures and real-world experience, Kennedy argues that we should reframe the ways in which we think about and produce deterrence. He argues that many of the ways in which we seek to deter crime in fact facilitate offending; that simple steps such as providing clear information to offenders could transform deterrence; that communities may be far more effective than legal authorities in deterring crime; that apparently minor sanctions can deter more effectively than draconian ones; that groups, rather than individual offenders, should often be the focus of deterrence; that existing legal tools can be used in unusual but greatly more effective ways; that even serious offenders can be reached through deliberate moral engagement; and that authorities, communities, and offenders – no matter how divided – share and can occupy hidden common ground. The result is a sophisticated but ultimately common-sense and profoundly hopeful case that we can and should use new deterrence strategies to address some of our most important crime problems. Drawing on and expanding on the lessons of groundbreaking real-world work like Boston’s Operation Ceasefire – credited with the "Boston Miracle" of the 1990s – "Deterrence and Crime Prevention" is required reading for scholars, law enforcement practitioners, and all with an interest in public safety and the health of communities.
Download or read book Principles and Values in Criminal Law and Criminal Justice Essays in Honour of Andrew Ashworth written by Lucia Zedner and published by OUP Oxford. This book was released on 2012-08-16 with total page 1652 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crime Prevention in the 21st Century written by Benoit LeClerc and published by Springer. This book was released on 2016-08-27 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crime Prevention Policies in Comparative Perspective written by Adam Crawford and published by Willan. This book was released on 2013-05-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a collection of leading international experts to explore the lessons learnt through implementation and the future directions of crime prevention policies. Through a comparative analysis of developments in crime prevention policies across a number of European countries, contributors address questions such as: How has 'the preventive turn' in crime control policies been implemented in various different countries and what have its implications been? What lessons have been learnt over the ensuing years and what are the major trends influencing the direction of development? What does the future hold for crime prevention and community safety? Contributors explore and assess the different models adopted and the shifting emphasis accorded to differing strategies over time. The book also seeks to compare and contrast different approaches as well as the nature and extent of policy transfer between jurisdictions and the internationalisation of key ideas, strategies and theories of crime prevention and community safety.
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Download or read book Juvenile Crime Juvenile Justice written by Institute of Medicine and published by National Academies Press. This book was released on 2001-06-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
Download or read book Crime Prevention written by Steven P. Lab and published by Routledge. This book was released on 2016-02-12 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime Prevention: Approaches, Practices, and Evaluations, 9th Edition, meets the needs of students and instructors for engaging, evidence-based, impartial coverage of the origins of crime, as well as of public policy that can reduce or prevent deviance. The book examines a range of approaches to preventing crime and elucidates their respective goals. Strategies include primary prevention measures designed to prevent conditions that foster deviance; secondary prevention measures directed toward persons or conditions with a high potential for deviance; and tertiary prevention measures to deal with persons who have already committed crimes. This edition provides research and information on all aspects of crime prevention, including the physical environment and crime, neighborhood crime prevention programs, community policing, crime in schools, and electronic monitoring and home confinement. Lab offers a thorough and well-rounded discussion of the many sides of the crime prevention debate, in clear and accessible language.
Download or read book Preventing Danger written by Michele Caianiello and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany operates a "double track" system of punishment and preventive detention. Traditionally, this system included fixed-term prison sentences, which were limited by the safeguards of legality, proportionality, double jeopardy, etc., followed by preventative detention of indefinite length, which was not limited by those safeguards. In 2010, the European Court of Human Rights determined that the preventive period had to count as punitive and, thus, should be subject to the safeguards that surround punishment. This decision affects many other European countries that share a version of the "double track" system. While Europe is retreating under the tutelage of the ECHR on this matter, the United States has been developing its own system of preventive detention, both within the criminal law (for sexual predators) and without (for suspected terrorists). The essays in this volume bring together the best of European and American comparative writing on these issues.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
